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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 31-34 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 31 recites the limitation "the method comprising" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the examiner interprets the claim limitation to be “the terminal device comprising”. Appropriate correction is required. The dependent claims 32-34 are also rejected under 35 U.S.C. 112(b) based at least on their dependence to independent claim 31.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 23-25, 27-29, and 31-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harada et al. US (2018/0324619).
Regarding Claim 23, Harada discloses a method of communication performed by a terminal device (see Fig. 14 i.e., user terminal 20 & Fig.’s 17-19), the method comprising: receiving, from a network device (see Fig. 14 i.e., base station 11 & Fig. 16), first information indicating a first gap and a second gap; (see Para’s [0012], [0070-0071] i.e., Also, a user terminal may receive the first pattern information and the second pattern information from a radio base station via higher layer signaling such as RRC signaling or broadcast information, [0076] i.e., a radio base station transmits the first pattern information, which represents gap pattern 2 of Fig. 3, as the gap pattern for RSSI (i.e., “first gap”) in a user terminal. Meanwhile, the radio base station transmits the second pattern information, which represents gap pattern 0 or 1 of Fig. 3, to the user terminal, as the gap pattern for RSRP/RSRQ (i.e., “second gap”). The user terminal configures RSRP/RSRQ measurement gaps and RSSI measurement gaps, in accordance with the gap patterns represented by the first and the second pattern information from the radio base station, [0080], & [0154] i.e., Also, by using higher layer signaling, the transmitting/receiving sections 103 transmit first pattern information, which represents the MGL and MGRP for configuring RSSI measurement gaps first gap period), and second pattern information, which represents the MGL and MGRP for configuring RSRP/RSRQ measurement gaps (second gap period))
receiving, from the network device, second information indicating a first priority for the first gap and a second priority for the second gap; (see Para’s [0118], [0120-0125] i.e., the user terminal decides which measurement gap should be prioritized, based on priority information from the radio base station…Here, the priority information is information that indicates which one of the RSRP/RSRQ measurement gap (that is, the RSRP measurement) and the RSSI measurement gap (that is, the RSSI measurement) is prioritized (i.e., the priority information which indicates prioritization of one gap with respect to another gap will indicate respective priorities of each gap with one gap being a higher priority than a priority of the other gap which may be a lower priority), [0155], [0166], [0169], [0185], & [0196] i.e., when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap…the control section 401 may prioritize the measurement gap in which the predetermined priority is higher (for example, the RSRP/RSRQ measurement gap), & [0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10)
determining that the first gap and the second gap are colliding; (see Figures 10-12 & Para’s [0110-0111], [0114-0117] i.e., when the RSRP/RSRQ measurement gap and the RSSI measurement gap collide with each other, the user equipment decides which measurement gap should be prioritized…the user terminal decides the measurement gap to prioritize based on priorities determined in advance (for example, RSRQ/RSRQ may be prioritized, [0119], [0120-0125] i.e., Accordingly, even when an RSSI measurement gap and an RSRQ/RSRQ measurement gap collide with each other, a user terminal still can adequately decide which measurement gap should be prioritized, & [0196-0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap (i.e., first gap and second gap are “colliding”), the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10)
and performing an operation in the second gap, in accordance with a determination that the second priority is higher than the first priority, (see Para’s [0012], [0116], [0119] i.e., For example, when in Fig. 12, the measurement gap for measuring the RSSI of carrier F2 and the measurement gap for measuring the RSRP/RSRQ of carrier F3 collide with each other, the user terminal, unlike Fig. 11, prioritizes the measurement gap for the RSRP/RSRQ to be measured in carrier F3. In this case, the user terminal measures the RSRP/RSRQ (i.e., “operation”) of carrier F3 in this RSRP/RSRQ measurement gap (i.e., “second gap”) & [0120-0125] i.e., Accordingly, even when an RSSI measurement gap and an RSRQ/RSRQ measurement gap collide with each other, a user terminal still can adequately decide which measurement gap should be prioritized, [0191] i.e., inter-frequency RSSI measurements in the RSSI measurement gaps and inter-frequency RSRP/RSRQ measurements in the RSRP/RSRQ measurement gaps are operations performed in each of the first gap and the second gap, [0196], when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap…the control section 401 may prioritize the measurement gap in which the predetermined priority is higher (for example, the RSRP/RSRQ measurement gap (i.e., “second gap”)), & [0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10 & [0206-0207])
Regarding Claim 24, Harada discloses the method of claim 23, further comprising: dropping the first gap, (see Para’s [0119] i.e., For example, when in Fig. 12, the measurement gap for measuring the RSSI of carrier F2 and the measurement gap for measuring the RSRP/RSRQ of carrier F3 collide with each other, the user terminal, unlike Fig. 11, prioritizes the measurement gap for the RSRP/RSRQ to be measured in carrier F3. In this case, the user terminal measures the RSRP/RSRQ of carrier F3 in this RSRP/RSRQ measurement gap (i.e., “second gap”), and stops (i.e., “dropping”) the measurement in the RSSI measurement gap (i.e., “first gap”) for carrier F2, [0198] i.e., when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) (i.e., “dropping”) the measurement in the RSSI measurement gap (i.e., “first gap”), & [0207]).
Regarding Claim 25, Harada discloses the method of claim 23, wherein performing the operation is performing a measurement, (see Para’s [0119] i.e., the user terminal measures (i.e., “operation”) the RSRP/RSRQ in the RSRP/RSRQ measurement gap (i.e., “second gap”), [0191], [0198], & [0206-0207]).
Regarding Claim 27, Harada discloses a method of communication performed by a network device (see Fig. 14 i.e., base station 11 & Fig. 16), the method comprising: transmitting, to a terminal device (see Fig. 14 i.e., user terminal 20 & Fig.’s 17-19), first information indicating a first gap and a second gap; (see Para’s [0012], [0070-0071] i.e., Also, a user terminal may receive the first pattern information and the second pattern information from a radio base station via higher layer signaling such as RRC signaling or broadcast information, [0076] i.e., a radio base station transmits the first pattern information, which represents gap pattern 2 of Fig. 3, as the gap pattern for RSSI (i.e., “first gap”) in a user terminal. Meanwhile, the radio base station transmits the second pattern information, which represents gap pattern 0 or 1 of Fig. 3, to the user terminal, as the gap pattern for RSRP/RSRQ (i.e., “second gap”). The user terminal configures RSRP/RSRQ measurement gaps and RSSI measurement gaps, in accordance with the gap patterns represented by the first and the second pattern information from the radio base station, [0080], & [0154] i.e., Also, by using higher layer signaling, the transmitting/receiving sections 103 transmit first pattern information, which represents the MGL and MGRP for configuring RSSI measurement gaps first gap period), and second pattern information, which represents the MGL and MGRP for configuring RSRP/RSRQ measurement gaps (second gap period))
transmitting, to a terminal device, second information indicating a first priority for the first gap and a second priority for the second gap, (see Para’s [0118], [0120-0125] i.e., the user terminal decides which measurement gap should be prioritized, based on priority information from the radio base station…Here, the priority information is information that indicates which one of the RSRP/RSRQ measurement gap (that is, the RSRP measurement) and the RSSI measurement gap (that is, the RSSI measurement) is prioritized (i.e., the priority information which indicates prioritization of one gap with respect to another gap will indicate respective priorities of each gap with one gap being a higher priority than a priority of the other gap which may be a lower priority), [0155], [0166], [0169], [0185], & [0196] i.e., when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap…the control section 401 may prioritize the measurement gap in which the predetermined priority is higher (for example, the RSRP/RSRQ measurement gap), & [0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10)
wherein, the first gap and the second gap are determined to be colliding, (see Figures 10-12 & Para’s [0110-0111], [0114-0117] i.e., when the RSRP/RSRQ measurement gap and the RSSI measurement gap collide with each other, the user equipment decides which measurement gap should be prioritized…the user terminal decides the measurement gap to prioritize based on priorities determined in advance (for example, RSRQ/RSRQ may be prioritized, [0119], [0120-0125] i.e., Accordingly, even when an RSSI measurement gap and an RSRQ/RSRQ measurement gap collide with each other, a user terminal still can adequately decide which measurement gap should be prioritized, & [0196-0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap (i.e., first gap and second gap are “colliding”), the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10)
and an operation in the second gap is performed in accordance with a determination that the second priority is higher than the first priority. (see Para’s [0012], [0116], [0119] i.e., For example, when in Fig. 12, the measurement gap for measuring the RSSI of carrier F2 and the measurement gap for measuring the RSRP/RSRQ of carrier F3 collide with each other, the user terminal, unlike Fig. 11, prioritizes the measurement gap for the RSRP/RSRQ to be measured in carrier F3. In this case, the user terminal measures the RSRP/RSRQ (i.e., “operation”) of carrier F3 in this RSRP/RSRQ measurement gap (i.e., “second gap”), [0120-0125] i.e., Accordingly, even when an RSSI measurement gap and an RSRQ/RSRQ measurement gap collide with each other, a user terminal still can adequately decide which measurement gap should be prioritized, [0191] i.e., inter-frequency RSSI measurements in the RSSI measurement gaps and inter-frequency RSRP/RSRQ measurements in the RSRP/RSRQ measurement gaps are operations performed in each of the first gap and the second gap, [0196], when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap…the control section 401 may prioritize the measurement gap in which the predetermined priority is higher (for example, the RSRP/RSRQ measurement gap (i.e., “second gap”)), [0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10, & [0206-0207])
Regarding Claim 28, Harada discloses the method of claim 27, wherein the first gap is dropped, (see Para’s [0119] i.e., For example, when in Fig. 12, the measurement gap for measuring the RSSI of carrier F2 and the measurement gap for measuring the RSRP/RSRQ of carrier F3 collide with each other, the user terminal, unlike Fig. 11, prioritizes the measurement gap for the RSRP/RSRQ to be measured in carrier F3. In this case, the user terminal measures the RSRP/RSRQ of carrier F3 in this RSRP/RSRQ measurement gap (i.e., “second gap”), and stops (i.e., “dropping”) the measurement in the RSSI measurement gap (i.e., “first gap”) for carrier F2, [0198] i.e., when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) (i.e., “dropping”) the measurement in the RSSI measurement gap (i.e., “first gap”), & [0207]).
Regarding Claim 29, Harada discloses the method of claim 27, wherein the operation is a measurement, (see Para’s [0119] i.e., the user terminal measures (i.e., “operation”) the RSRP/RSRQ in the RSRP/RSRQ measurement gap (i.e., “second gap”), [0191], [0198], & [0206-0207])
Regarding Claim 31, Harada discloses a terminal device (see Fig. 14 i.e., user terminal 20 & Fig.’s 17-19), the method comprising: at least one memory having programs instructions stored therein (see Fig. 19 i.e., primary storage apparatus memory 1002 & Para’s [0210-0214]); at least on processor (see Fig. 19 i.e., processing apparatus 1001 & Para [0212]) configured to execute the program instructions that when executed performs a process (see Fig. 19 & Para’s [0210-0214]) comprising: receiving, from a network device (see Fig. 14 i.e., base station 11 & Fig. 16), first information indicating a first gap and a second gap; (see Para’s [0012], [0070-0071] i.e., Also, a user terminal may receive the first pattern information and the second pattern information from a radio base station via higher layer signaling such as RRC signaling or broadcast information, [0076] i.e., a radio base station transmits the first pattern information, which represents gap pattern 2 of Fig. 3, as the gap pattern for RSSI (i.e., “first gap”) in a user terminal. Meanwhile, the radio base station transmits the second pattern information, which represents gap pattern 0 or 1 of Fig. 3, to the user terminal, as the gap pattern for RSRP/RSRQ (i.e., “second gap”). The user terminal configures RSRP/RSRQ measurement gaps and RSSI measurement gaps, in accordance with the gap patterns represented by the first and the second pattern information from the radio base station, [0080], & [0154] i.e., Also, by using higher layer signaling, the transmitting/receiving sections 103 transmit first pattern information, which represents the MGL and MGRP for configuring RSSI measurement gaps first gap period), and second pattern information, which represents the MGL and MGRP for configuring RSRP/RSRQ measurement gaps (second gap period))
receiving, from the network device, second information indicating a first priority for the first gap and a second priority for the second gap; (see Para’s [0118], [0120-0125] i.e., the user terminal decides which measurement gap should be prioritized, based on priority information from the radio base station…Here, the priority information is information that indicates which one of the RSRP/RSRQ measurement gap (that is, the RSRP measurement) and the RSSI measurement gap (that is, the RSSI measurement) is prioritized (i.e., the priority information which indicates prioritization of one gap with respect to another gap will indicate respective priorities of each gap with one gap being a higher priority than a priority of the other gap which may be a lower priority), [0155], [0166], [0169], [0185], & [0196] i.e., when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap…the control section 401 may prioritize the measurement gap in which the predetermined priority is higher (for example, the RSRP/RSRQ measurement gap), & [0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10)
determining that the first gap and the second gap are colliding; (see Figures 10-12 & Para’s [0110-0111], [0114-0117] i.e., when the RSRP/RSRQ measurement gap and the RSSI measurement gap collide with each other, the user equipment decides which measurement gap should be prioritized…the user terminal decides the measurement gap to prioritize based on priorities determined in advance (for example, RSRQ/RSRQ may be prioritized, [0119], [0120-0125] i.e., Accordingly, even when an RSSI measurement gap and an RSRQ/RSRQ measurement gap collide with each other, a user terminal still can adequately decide which measurement gap should be prioritized, & [0196-0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap (i.e., first gap and second gap are “colliding”), the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10)
and performing an operation in the second gap, in accordance with a determination that the second priority is higher than the first priority, (see Para’s [0012], [0116], [0119] i.e., For example, when in Fig. 12, the measurement gap for measuring the RSSI of carrier F2 and the measurement gap for measuring the RSRP/RSRQ of carrier F3 collide with each other, the user terminal, unlike Fig. 11, prioritizes the measurement gap for the RSRP/RSRQ to be measured in carrier F3. In this case, the user terminal measures the RSRP/RSRQ (i.e., “operation”) of carrier F3 in this RSRP/RSRQ measurement gap (i.e., “second gap”) & [0120-0125] i.e., Accordingly, even when an RSSI measurement gap and an RSRQ/RSRQ measurement gap collide with each other, a user terminal still can adequately decide which measurement gap should be prioritized, [0191] i.e., inter-frequency RSSI measurements in the RSSI measurement gaps and inter-frequency RSRP/RSRQ measurements in the RSRP/RSRQ measurement gaps are operations performed in each of the first gap and the second gap, [0196], when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap…the control section 401 may prioritize the measurement gap in which the predetermined priority is higher (for example, the RSRP/RSRQ measurement gap (i.e., “second gap”)), & [0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10 & [0206-0207])
Regarding Claim 32, Harada discloses the terminal device of claim 31, the process further comprises: dropping the first gap, (see Para’s [0119] i.e., For example, when in Fig. 12, the measurement gap for measuring the RSSI of carrier F2 and the measurement gap for measuring the RSRP/RSRQ of carrier F3 collide with each other, the user terminal, unlike Fig. 11, prioritizes the measurement gap for the RSRP/RSRQ to be measured in carrier F3. In this case, the user terminal measures the RSRP/RSRQ of carrier F3 in this RSRP/RSRQ measurement gap (i.e., “second gap”), and stops (i.e., “dropping”) the measurement in the RSSI measurement gap (i.e., “first gap”) for carrier F2, [0198] i.e., when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) (i.e., “dropping”) the measurement in the RSSI measurement gap (i.e., “first gap”), & [0207]).
Regarding Claim 33, Harada discloses the terminal device of claim 31, wherein performing the operation is performing a measurement, (see Para’s [0119] i.e., the user terminal measures (i.e., “operation”) the RSRP/RSRQ in the RSRP/RSRQ measurement gap (i.e., “second gap”), [0191], [0198], & [0206-0207])
Claim Rejections - 35 USC § 103
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.
Claims 26, 30, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Harada et al. US (2018/0324619) in view of Shaheen US (2022/0361133).
Regarding Claims 26, 30, and 34 Harada discloses the method and terminal device of claims 23, 27, and 31 including performing the operation such as a signal measurement (see Para’s [0116], [0125], [0198], & [0206-0207]), but does not disclose the claim feature of wherein the operation is for Multi-Universal Subscriber Identity Module (MUSIM). However the claim feature would be rendered obvious in view of Shaheen US (2022/0361133).
Shaheen discloses wherein a performed operation such as signal measurements is for Multi-Universal Subscriber Identity Module (MUSIM) of a UE (see Fig. 1 & Para’s [0001] i.e., multiple-universal subscriber identity module (multi-SIM) based operations in a UE supporting different operators, [0003] i.e., In the next generation (e.g., 5G NR wireless communication networks, a multi-SIM UE is expected to be in RRC connected state with only one network at a time, while being able to perform signal measurements (i.e., “operation” for MUSIM), [0006], [0028], [0038], & [0043]).
(Shaheen suggests the multi-USIM allows the UE to access and connect to different networks supporting different operators for performing an operation such as signal measurements on configured cells of a network (see Para’s [0001] [0003], [0006], & [0028])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the operation performed by the UE such as a signal measurement as disclosed in Harada to be performed for a Multi-Universal Subscriber Identity Module (MUSIM) UE as disclosed in the teachings of Shaheen who discloses a multi-USIM UE performs signal measurements of a network, because the motivation lies in Shaheen that the multi-USIM allows the UE to access and connect to different networks supporting different operators for performing an operation such as signal measurements on configured cells of a network.
Conclusion
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/ADNAN BAIG/Primary Examiner, Art Unit 2461