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 .
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.
Claims 1-15, 33, 35-38 and 43-47 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Callender et al. (US 2020/0288337).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claims 1 and 33, Callender discloses a User Equipment (UE) comprising: one or more transmitters; one or more receivers (paragraph 4, line 1: “UE switches off its receiver (and transmitter)”); and processing circuitry associated with the one or more transmitters and the one or receivers (paragraph 36: UE comprises a processor), the processing circuitry configured to cause the UE to perform the method comprising:
receiving, from a network node, information that indicates one or more pre-configured measurement gap patterns (paragraph 56, lines 1-3: “the gNB may provide a configuration of multiple (measurement) gap patterns which are associated with BW part configurations. Both configurations may be provided by means of RRC signaling between UE and gNB.”);
determining that a first set of one or more conditions for using a pre-configured measurement gap pattern is satisfied, the pre-configured measurement gap pattern being one of the one or more pre-configured measurement gap patterns (paragraph 175, lines 3-5: “the timing related parameter(s) are used by the UE as one of the criteria for deciding whether the UE should perform measurements using measurement gaps or not” Paragraph 190, line 1: “If the UE shall continue the old measurements, then the UE may be required to meet the same requirements”);
determining a time instance at which to start using the pre-configured measurement gap pattern (paragraph 175, lines 10-12: “The use of the timing parameter for deciding whether to apply the gaps or not or when to start performing measurement without gaps (gapless pattern) is explained”); and
starting performance of a measurement using the pre-configured measurement gap pattern at or after the determined time instance (paragraph 176, lines 7-9: “the UE continue using the measurement gaps until the BWP2 remains the active BWP of the UE continuously over the duration of Td, where Td starts from the instance the UE has switched to BWP2.”).
Regarding claim 2, Callender discloses performing a measurement without pre-configured measurement gap pattern before the first set of one or more conditions for using a pre-configured measurement gap pattern is satisfied (paragraph 176, lines 9-10: “This means the UE will start measurement without gaps after the expiration of Td.”);
wherein starting performance of the measurement using the pre-configured measurement gap pattern at the determined time instance comprises continuing performing the measurement with the pre-configured measurement gap pattern at or after the determined time instance (paragraph 190, line 1: “If the UE shall continue the old measurements, then the UE may be required to meet the same requirements”).
Regarding claim 3, Callender discloses that performing the measurement without pre-configured measurement gap pattern comprises performing the measurement without pre-configured measurement gap pattern within an active bandwidth part of the UE (claim 2, lines 1-2: “performing a gap measurement in a neighbor bandwidth of the active bandwidth part according to a gap pattern associated to the active BW part”).
Regarding claim 4, Callender discloses that the information that indicates the one or more pre-configured measurement gap patterns comprises, for each pre-configured measurement gap pattern of the one or more pre-configured measurement gap patterns, information that indicates one or more parameters that define the pre-configured measurement gap pattern (paragraph 170, lines 1-2: “some of the parameters currently defined for measConfig, e.g., measurement gap configuration, are moved from the measConfig IE and instead become part of BWPConfig IE”).
Regarding claim 5, Callender discloses that the one or more parameters comprise a measurement gap length, a measurement gap repetition period, and a measurement gap time offset with respect to a reference time (paragraph 57, lines 2-3: “A gap pattern may be characterized by at least one of: a (repetition) periodicity, a gap length (in each period), and a gap offset”).
Regarding claim 6, Callender discloses that the first set of one or more conditions comprises a condition that one or more reference signals used for the measurements are not fully within a bandwidth of an active bandwidth part of the UE (paragraph 60, lines 2-4: “The range of the SSB to be measured may fall within the broad frequency range of the first BW part, but it may be partly or entirely out of the range … of the second BW part.”).
Regarding claim 7, Callender discloses performing a measurement in an active bandwidth part of the UE; and performing an active bandwidth part switching procedure to a new active bandwidth part; wherein the first set of one or more conditions comprises a condition that one or more reference signals used for the measurement are not fully within a bandwidth of the new active bandwidth part of the UE (paragraph 60, lines 1-2: “the UE may be configured to operate with two BW part configurations, wherein a first BW part has a broad frequency range and a second BW part has narrow frequency rage.”).
Regarding claim 8, Callender discloses that the first set of one or more conditions comprises a condition that the UE is configured to perform the measurement on an active bandwidth part of the UE and one or more reference signals used for the measurement are not fully within a bandwidth of the active bandwidth part of the UE (paragraph 60, lines 4-6: “If the UE changes the active BW part (for example in response to DCI signaling) from the first BW part to the second BW part and vice versa, it changes from a first certain measurement gap (in this case the none-gap pattern) to a second certain measurement gap (characterized by a certain length, periodicity and offset) and vice versa”).
Regarding claim 9, Callender discloses that the determined time instance at which to start using the pre-configured measurement gap pattern is a reference time, T0, plus a time offset, DT1 (paragraph 162: “a relation between at least one parameter in the first measurement configuration(s) associated with the first BWP(s) being activated and at least one parameter in a second measurement configuration(s) associated with second BWP(s) which are active (examples of the parameter: periodicity, time offset and/or time-domain pattern of signals/channels”).
Regarding claim 10, Callender discloses that the reference time, T0, is a time at which the UE received a request to perform the measurement, a time at which the UE informed a network node that the UE will use the pre-configured measurement gap pattern, or a time at which the UE receives a message from a network node that indicates that the UE is permitted to use the pre-configured measurement gap pattern (paragraph 66, lines 1-3: “at least one of these measurement gap configurations may allow intra-frequency measurement to be performed in gaps, and at least one of these configurations may allow intra-frequency measurement to be performed without gaps”).
Regarding claim 11, Callender discloses that the first set of one or more conditions comprises a condition that the UE is switched from non-dormant to dormant bandwidth part (paragraph 62, lines 1-2: “gap patterns are preconfigured, and the gNB may update the knowledge of the gap pattern currently used by the UE whenever the active BW part in the UE changes).
Regarding claim 12, Callender discloses that the determined time instance at which to start using the pre-configured measurement gap pattern is a reference time, T0, plus a time offset, DT1, and the reference time, T0, is a time at which the UE was switched from non-dormant to dormant BWP or a time at which switching of the UE from non-dormant to dormant BWP is complete (paragraph 136, lines 1-3: “a method is disclosed in a UE of adaptively applying one or more measurement gaps for performing measurements on signals based on a rate of switching of the active BWP e.g. the UE starts measuring without gaps in new active BWP only after the UE has remained in the new active BWP over certain duration).
Regarding claim 13, Callender discloses that determining the time instance at which to start using the pre-configured measurement gap pattern comprises determining the time instance at which to start using the pre-configured measurement gap pattern based on one or more predefined rules and/or information received from a network node about one or more parameters related to the determined time instance (paragraph 158, lines 1-2: “There may be also a default BWP, which may be comprised in the list or may be configured separately. It may be configured by the network or may be determined or selected based on one or more pre-defined rules”).
Regarding claim 14, Callender discloses that determining the time instance at which to start using the pre-configured measurement gap pattern comprises determining the time instance at which to start using the pre-configured measurement gap pattern autonomously at the UE (paragraph 155, lines 3-4: “there may be a separate list for DL BWPs and UL BWPs, e.g., for paired spectrum or FDD where the DL BWP and UL BWP may be configured independently”).
Regarding claim 15, Callender discloses that starting the use of the pre-configured measurement gap pattern comprises activating the pre-configured measurement gap pattern (paragraph 173, lines 1-2: UE has been configured in serving cell configuration on different BWPs that may be activated and which have an ID similar to above.”).
Regarding claim 35, Callender discloses a method performed by a User Equipment (UE), the method comprising:
receiving, from a network node, information that indicates one or more pre-configured measurement gap patterns (paragraph 56, lines 1-3: “the gNB may provide a configuration of multiple (measurement) gap patterns which are associated with BW part configurations. Both configurations may be provided by means of RRC signaling between UE and gNB.”);
determining that a set of one or more conditions for using a pre-configured measurement gap pattern is satisfied, the pre-configured measurement gap pattern being one of the one or more pre-configured measurement gap patterns (paragraph 175, lines 3-5: “the timing related parameter(s) are used by the UE as one of the criteria for deciding whether the UE should perform measurements using measurement gaps or not” Paragraph 190, line 1: “If the UE shall continue the old measurements, then the UE may be required to meet the same requirements”);
determining a time duration over which to use the pre-configured measurement gap pattern (paragraph 176, lines 7-8: “the UE continue using the measurement gaps until the BWP2 remains the active BWP of the UE continuously over the duration of Td”); and
performing a measurement using the pre-configured measurement gap pattern over the determined time duration (paragraph 136, lines 2-3: “the UE starts measuring without gaps in new active BWP only after the UE has remained in the new active BWP over certain duration”).
Regarding claim 36, Callender discloses that the information that indicates the one or more pre-configured measurement gap patterns comprises, for each pre-configured measurement gap pattern of the one or more pre-configured measurement gap patterns, information that indicates one or more parameters that define the pre-configured measurement gap pattern (paragraph 170, lines 1-2: “some of the parameters currently defined for measConfig, e.g., measurement gap configuration, are moved from the measConfig IE and instead become part of BWPConfig IE”).
Regarding claim 37, Callender discloses that the one or more parameters comprise a measurement gap length, a measurement gap repetition period, and a measurement gap time offset with respect to a reference time (paragraph 57, lines 2-3: “A gap pattern may be characterized by at least one of: a (repetition) periodicity, a gap length (in each period), and a gap offset”).
Regarding claim 38, Callender discloses that the UE is able to receive and/or transmit signals during measurement gaps defined by the pre-configured measurement gap pattern when the pre-configured measurement gap pattern is not used by the UE (paragraph 61: “when the network scheduler changes its assumption of UE active BW part (for example due to the DCI signaling) it changes its assumption on the measurement gap pattern the UE will be using”).
Regarding claim 43, Callender discloses a method performed by a network node for a cellular communications system, the method comprising:
providing, to a User Equipment (UE), information that indicates one or more pre-configured measurement gap patterns (paragraph 56, lines 1-3: “the gNB may provide a configuration of multiple (measurement) gap patterns which are associated with BW part configurations. Both configurations may be provided by means of RRC signaling between UE and gNB.”); and
providing, to the UE, information that indicates a time instance at which to start using the pre-configured measurement gap pattern (paragraph 175, lines 10-12: “The use of the timing parameter for deciding whether to apply the gaps or not or when to start performing measurement without gaps (gapless pattern) is explained”).
Regarding claim 44, Callender discloses providing, to the UE, information that indicates a time instance at which to stop using the pre-configured measurement gap pattern (paragraph 23, lines 1-2: “If measurement gaps are configured by means of RRC signaling, starting or stopping measurement gaps requires sending corresponding RRC messages.”).
Regarding claim 45, Callender discloses that the information that indicates the one or more pre-configured measurement gap patterns comprises, for each pre-configured measurement gap pattern of the one or more pre-configured measurement gap patterns, information that indicates one or more parameters that define the pre-configured measurement gap pattern (paragraph 170, lines 1-2: “some of the parameters currently defined for measConfig, e.g., measurement gap configuration, are moved from the measConfig IE and instead become part of BWPConfig IE”).
Regarding claim 46, Callender discloses that the one or more parameters comprise a measurement gap length, a measurement gap repetition period, and a measurement gap time offset with respect to a reference time (paragraph 57, lines 2-3: “A gap pattern may be characterized by at least one of: a (repetition) periodicity, a gap length (in each period), and a gap offset”).
Regarding claim 47, Callender discloses that the network node does not schedule the UE during the one or more pre-configured measurement gap patterns when the one or more pre-configured measurement gap patterns are used by the UE (paragraph 55, lines 5-6).
Response to Arguments
Applicant's arguments filed on 10/22/25 have been fully considered but they are not persuasive.
Applicant asserts that U.S. Patent Application Publication No. 2020/0288337 (Callender et al.) is not prior art under AIA 35 U.S.C. § 102(a)(2) because the reference and the instant application were commonly owned by Telefonaktiebolaget LM Ericsson AB at the time the present application was filed. However, Applicant has not provided a statement under 35 U.S.C. § 102(b)(2)(C) establishing that the subject matter disclosed in the applied reference and the claimed invention were commonly owned or subject to an obligation of assignment to the same person not later than the effective filing date of the claimed invention.
Mere assertion of common ownership at the time of filing, without an express statement under 35 U.S.C. § 102(b)(2)(C) or evidence establishing common ownership as of the effective filing date of the claimed invention, is insufficient to remove the reference as prior art under AIA 35 U.S.C. § 102(a)(2).
To overcome the rejection, Applicant must submit a proper statement under 37 CFR §1.130(c) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the applied reference and the claimed invention were owned by the same person or subject to an obligation of assignment to the same person.
Applicant is reminded that an exception under 35 U.S.C. § 102(b)(2)(C) requires an explicit statement establishing common ownership as of the effective filing date of the claimed invention, not merely at the time of filing.
Accordingly, in the absence of a proper statement under 35 U.S.C. § 102(b)(2)(C), U.S. Patent Application Publication No. 2020/0288337 remains prior art and the rejection of claims 1–15, 33, 35–38, and 43–47 under 35 U.S.C. § 102(a)(2) is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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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/SAM BHATTACHARYA/Primary Examiner, Art Unit 2646