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 .
Continued Examination under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/29/2026 has been entered.
Response to Amendment
This communication is considered fully responsive to the amendment filed on 06/29/2026.
Claims 1-9 were previously canceled.
Claims 10-14 are pending in this application.
Response to Arguments
Applicant’s arguments with respect to claims 10-14 filed on 06/29/2026 have been considered but are moot because the arguments related solely to newly added limitations addressed in the instant Office Action with newly identified prior arts (5G; NR; User Equipment (UE) radio access capabilities (3GPP TS 38.306 version 15.2.0 Release 15, 2018-09, hereafter “3GPP TS 38.306”), thus rendering applicant’s arguments moot.
In particular, Applicant argues that the primary reference, Pezeshki (U.S. Patent Application Publication No. 20220225188, hereinafter “Pezeshki”,), fails to teach “wherein the transmitter transmits capability information comprising information indicating whether or not to support the event that triggers the report based on comparison between a value of the L1-RSRP measurement result and a threshold” as recited in amended Claim 10.
The examiner agrees that Pezeshki, standing alone, does not explicitly disclose the above specific step of transmitting capability information indicating support for the described event.
However, Pezeshki clearly discloses the underlying mechanism of a UE measuring reference signals (e.g., L1-RSRP), comparing the measurement result to a manageable level or threshold, and triggering a reporting event based on this comparison. (See para [0090] of Pezeshki: the UE 115-b may, at 315, determine channel information based on receiving the set of downlink signals received from the base station 105-d (“non-serving cell”). The channel information may include of one or more channel metrics determined by the UE 115-b for each received reference signal. For example, the UE 115-b may determine one or more of an L1 RSRP, an L1 SINR, an L3 RSRP, an L3 SINR, a CQI, a PMI, an RI, or an L1, or a combination thereof for each of the received reference signals. … For example, the UE 115-b may determine that a set of L1 values satisfy an L1 threshold and select the L1 values for calculating the average based on the L1 values satisfying the L1 threshold.) (para [0091]: At 320, the UE 115-b may transmit an L1 report including the channel information to the base station 105-c…. the UE 115-b may transmit the L1 report in a MAC-CE included in a PUCCH transmission.)
The claimed invention is rendered obvious when Pezeshki is viewed in combination with 3GPP standard specification TS 38.306.
3GPP TS 38.306 (see Section 4 UE radio access capability parameters, Section 4.2.8 “RF parameters” and Section 4.2.9 “Measurement parameters”) explicitly teaches a standard framework in which a UE transmit UE Capability Information to the network, which includes capability indicators explicitly specifying whether or not the UE supports specific measurement and event-triggered reporting features.
Section 4.2.8 “RF parameters” of 3GPP TS 38.306 , page 22,
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Section 4.2.8 “RF parameters” of 3GPP TS 38.306 , page 23,
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Section 4.2.9 “Measurement parameters” of 3GPP TS 38.306 , page 27,
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It would have been obvious to a Person Having Ordinary Skill in the Art (PHOSITA) at the time the invention was made to modify the even-triggered measurement reporting method of Pezeshki by incorporating the capability information signaling framework taught by 3GPP TS 38.306. The motivation to combine these references is to allow the base station (gNB) to accurately ascertain the specific measurement and reporting features supported by the UE prior to configuration. This combination ensure efficient radio resource management, prevents RRC configuration failures caused by unsupported measurement configurations, and aligns with standard 3GPP protocol practices.
Accordingly, the rejection of claims 10-14 under 35. U.S.C 103 as being unpatentable over Pezeshki in view of 3GPP TS 38.306 is maintained.
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.
Claim(s) 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Pezeshki et al. (U.S. Patent Application Publication No. 20220225188, hereinafter “Pezeshki”, Pezeshki claims the benefit of U.S. Provisional Patent Application No. 63/137,635 filed Jan. 14, 2021, hereinafter “63/137,635”) in view of 3GPP Technical Specification 38.306, 5G; NR; User Equipment (UE) radio access capabilities version 15.2.0 Release 15, 2018-09, hereafter “3GPP TS 38.306”).
Examiner’s note: in what follows, references are drawn to Pezeshki unless otherwise mentioned.
With respect to independent claims:
Regarding Claim 10, Pezeshki teaches A terminal (Fig. 4: device 405 (‘UE’), see para [0092]) comprising:
a processor (para [0092]: The device 405 may also include a processor.) that determines, based on a value of a layer 1-reference signal received power (L1-RSRP) measurement result per beam for a non-serving cell, whether or not an event that triggers a report occurs (para [0089]: the base station 105-c may be associated with a serving cell of the UE 115-b, while the base station 105-d may be associated with a non-serving cell. At 305, the base station 105-c may transmit control signaling to the UE 115-b. The control signaling may indicate, to the UE 115-b, a configuration (e.g., an L1 configuration) for L1 measuring and reporting of channel information associated with downlink reference signals from the base station 105-d. The configuration may include indications of channel metrics the UE 115-b is to measure and report. The configuration may also include indications of triggering conditions (e.g., thresholds) associated with all or each of the channel metrics the UE 115-b is to measure and report. (interpreted as “an event that triggers a report occurs”)) (corresponding para [0087] of 63/137,635), (para [0090]: the UE 115-b may, at 315, determine channel information based on receiving the set of downlink signals received from the base station 105-d (“non-serving cell”). The channel information may include of one or more channel metrics determined by the UE 115-b for each received reference signal. For example, the UE 115-b may determine one or more of an L1 RSRP, an L1 SINR, an L3 RSRP, an L3 SINR, a CQI, a PMI, an RI, or an L1, or a combination thereof for each of the received reference signals. … For example, the UE 115-b may determine that a set of L1 values satisfy an L1 threshold and select the L1 values for calculating the average based on the L1 values satisfying the L1 threshold (interpreted as “determines, based on a value of a layer 1-reference signal received power (L1-RSRP) measurement result per beam for a non-serving cell, whether or not an event that triggers a report occurs”).) (corresponding para [0088] of 63/137,635); and
a transmitter that, when the event occurs, transmits, using a medium access control control element (MAC CE), the report including the L1-RSRP measurement result for the non-serving cell (para [0091]: At 320, the UE 115-b may transmit an L1 report including the channel information (interpreted as “the report including the L1-RSRP measurement result for the non-serving cell”, see para [0090]) to the base station 105-c…. the UE 115-b may transmit the L1 report in a MAC-CE included in a PUCCH transmission.) (corresponding para [0089] of 63/137,635),
As discussed above, Pezeshki teaches “… event that triggers the report based on comparison between a value of the L1-RSRP measurement result and a threshold.” (See paragraphs [0090-0091])
However, Pezeshki fails to teach the “wherein the transmitter transmits capability information comprising information indicating whether or not to support the event that triggers the report ….”
3GPP TS 38.306 teaches the “wherein the transmitter transmits capability information comprising information indicating whether or not to support the event that triggers the report …”
3GPP TS 38.306 (see Section 4 UE radio access capability parameters, Section 4.2.8 “RF parameters” and Section 4.2.9 “Measurement parameters”) explicitly teaches a standard framework in which a UE transmit UE Capability Information to the network, which includes capability indicators explicitly specifying whether or not the UE supports specific measurement and event-triggered reporting features.
Section 4.2.8 “RF parameters” of 3GPP TS 38.306 , page 22,
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Section 4.2.8 “RF parameters” of 3GPP TS 38.306 , page 23,
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Section 4.2.9 “Measurement parameters” of 3GPP TS 38.306 , page 27,
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It would have been obvious to a Person Having Ordinary Skill in the Art (PHOSITA) at the time the invention was made to modify the even-triggered measurement reporting method of Pezeshki by incorporating the capability information signaling framework taught by 3GPP TS 38.306. The motivation to combine these references is to allow the base station (gNB) to accurately ascertain the specific measurement and reporting features supported by the UE prior to configuration. This combination ensure efficient radio resource management, prevents RRC configuration failures caused by unsupported measurement configurations, and aligns with standard 3GPP protocol practices.
Regarding Claim 11, Pezeshki and 3GPP TS 38.306 teach The terminal according to claim 10, Pezeshki further teaches wherein a trigger of the report by the event is applied only to an L1-RSRP report in a non-group-based report (para [0082]: For L1 measurement and reporting, the base station 105-a may transmit control signaling 210 (e.g., RRC signaling) to the UE 115-a. The control signaling 210 may indicate a configuration for the UE 115-a to perform L1 measurements of downlink reference signals from the base station 105-b (e.g., on the non-serving cell) and to perform L1 reporting of channel information 225 associated with the measured reference signals (e.g., conditions associated with the channel 205-b). … Alternatively, the base station 105-a may configure the UE 115-a to report the channel information 225 when one or more channel metrics associated with the channel information 225 satisfy a threshold (e.g., a triggering condition) (interpreted as “in a non-group-based report”).). (Examiner’s note: Pezeshki discloses the feature “a trigger of the report by the event is applied only to an L1-RSRP report in a non-group-based report”, specifically because the ‘satisfying a threshold (e.g., a triggering condition)’ discussed in para [0082] of Pezeshki constitute quintessential characteristics of the non-group-based reporting scheme.).
Regarding Claim 12, it is a radio communication method (for a terminal) claim corresponding to Claim 10 and is therefore rejected for the similar reasons set forth in the rejection of claim 10.
Regarding claim 13, Pezeshki teaches A base station (Fig. 3: a base station 105-c) (Fig. 8: device 805 (‘base station’), see para [0122]) comprising:
a receiver that, when an event that triggers a report is determined to occur based on a value of a layer 1-reference signal received power (L1-RSRP) measurement result per beam for a non-serving cell, receives, using a medium access control control element (MAC CE), the report including the L1-RSRP measurement result for the non-serving cell (para [0089]: the base station 105-c may be associated with a serving cell of the UE 115-b, while the base station 105-d may be associated with a non-serving cell. At 305, the base station 105-c may transmit control signaling to the UE 115-b. The control signaling may indicate, to the UE 115-b, a configuration (e.g., an L1 configuration) for L1 measuring and reporting of channel information associated with downlink reference signals from the base station 105-d. The configuration may include indications of channel metrics the UE 115-b is to measure and report. The configuration may also include indications of triggering conditions (e.g., thresholds) associated with all or each of the channel metrics the UE 115-b is to measure and report. (interpreted as “when an event that triggers a report is determined to occur”)) (para [0090]: the UE 115-b may, at 315, determine channel information based on receiving the set of downlink signals received from the base station 105-d (“non-serving cell”). The channel information may include of one or more channel metrics determined by the UE 115-b for each received reference signal. For example, the UE 115-b may determine one or more of an L1 RSRP, an L1 SINR, an L3 RSRP, an L3 SINR, a CQI, a PMI, an RI, or an L1, or a combination thereof for each of the received reference signals. … For example, the UE 115-b may determine that a set of L1 values satisfy an L1 threshold and select the L1 values for calculating the average based on the L1 values satisfying the L1 threshold (interpreted as “when an event that triggers a report is determined to occur based on a value of a layer 1-reference signal received power (L1-RSRP) measurement result per beam for a non-serving cell”).) (para [0091]: At 320, the UE 115-b may transmit an L1 report including the channel information to the base station 105-c…. the UE 115-b may transmit the L1 report in a MAC-CE included in a PUCCH transmission.); and
a processor that controls reception of the report (Fig. 8 and para [0128]: the communications manager 820 may be configured to perform various operations (e.g., receiving, monitoring, transmitting) using or otherwise in cooperation with the receiver 810, the transmitter 815, or both.),
As discussed above, Pezeshki teaches “… event that triggers the report based on comparison between a value of the L1-RSRP measurement result and a threshold.” (See paragraphs [0090-0091])
However, Pezeshki fails to teach the “wherein the receiver receives capability information comprising information indicating whether or not to support the event that triggers the report …”
3GPP TS 38.306 teaches the “wherein the receiver receives capability information comprising information indicating whether or not to support the event that triggers the report …”
3GPP TS 38.306 (see Section 4 UE radio access capability parameters, Section 4.2.8 “RF parameters” and Section 4.2.9 “Measurement parameters”) explicitly teaches a standard framework in which a UE transmit UE Capability Information to the network, which includes capability indicators explicitly specifying whether or not the UE supports specific measurement and event-triggered reporting features.
Section 4.2.8 “RF parameters” of 3GPP TS 38.306 , page 22,
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Section 4.2.8 “RF parameters” of 3GPP TS 38.306 , page 23,
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Section 4.2.9 “Measurement parameters” of 3GPP TS 38.306 , page 27,
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It would have been obvious to a Person Having Ordinary Skill in the Art (PHOSITA) at the time the invention was made to modify the even-triggered measurement reporting method of Pezeshki by incorporating the capability information signaling framework taught by 3GPP TS 38.306. The motivation to combine these references is to allow the base station (gNB) to accurately ascertain the specific measurement and reporting features supported by the UE prior to configuration. This combination ensure efficient radio resource management, prevents RRC configuration failures caused by unsupported measurement configurations, and aligns with standard 3GPP protocol practices.
Regarding claim 14, Pezeshki teaches A system comprising a terminal (Fig. 4: device 405 (‘UE’), see para [0092]) and a base station (Fig. 3: a base station 105-c) (Fig. 8: device 805 (‘base station’), see para [0122]), wherein
the terminal comprises:
a processor (para [0092]: The device 405 may also include a processor.) that determines, based on a value of a layer 1-reference signal received power (L1-RSRP) measurement result per beam for a non-serving cell, whether or not an event that triggers a report occurs (para [0089]: the base station 105-c may be associated with a serving cell of the UE 115-b, while the base station 105-d may be associated with a non-serving cell. At 305, the base station 105-c may transmit control signaling to the UE 115-b. The control signaling may indicate, to the UE 115-b, a configuration (e.g., an L1 configuration) for L1 measuring and reporting of channel information associated with downlink reference signals from the base station 105-d. The configuration may include indications of channel metrics the UE 115-b is to measure and report. The configuration may also include indications of triggering conditions (e.g., thresholds) associated with all or each of the channel metrics the UE 115-b is to measure and report. (interpreted as “an event that triggers a report occurs”)) (para [0090]: the UE 115-b may, at 315, determine channel information based on receiving the set of downlink signals received from the base station 105-d (“non-serving cell”). The channel information may include of one or more channel metrics determined by the UE 115-b for each received reference signal. For example, the UE 115-b may determine one or more of an L1 RSRP, an L1 SINR, an L3 RSRP, an L3 SINR, a CQI, a PMI, an RI, or an L1, or a combination thereof for each of the received reference signals. … For example, the UE 115-b may determine that a set of L1 values satisfy an L1 threshold and select the L1 values for calculating the average based on the L1 values satisfying the L1 threshold (interpreted as “determines, based on a value of a layer 1-reference signal received power (L1-RSRP) measurement result per beam for a non-serving cell, whether or not an event that triggers a report occurs”).); and
a transmitter that, when the event occurs, transmits, using a medium access control control element (MAC CE), the report including the L1-RSRP measurement result for the non-serving cell (para [0091]: At 320, the UE 115-b may transmit an L1 report including the channel information (interpreted as “the report including the L1-RSRP measurement result for the non-serving cell”, see para [0090]) to the base station 105-c…. the UE 115-b may transmit the L1 report in a MAC-CE included in a PUCCH transmission.),
As discussed above, Pezeshki teaches “… event that triggers the report based on comparison between a value of the L1-RSRP measurement result and a threshold.” (See paragraphs [0090-0091])
However, Pezeshki fails to teach the “wherein the transmitter transmits capability information comprising information indicating whether or not to support the event that triggers the report ….”
3GPP TS 38.306 teaches the “wherein the transmitter transmits capability information comprising information indicating whether or not to support the event that triggers the report …”
3GPP TS 38.306 (see Section 4 UE radio access capability parameters, Section 4.2.8 “RF parameters” and Section 4.2.9 “Measurement parameters”) explicitly teaches a standard framework in which a UE transmit UE Capability Information to the network, which includes capability indicators explicitly specifying whether or not the UE supports specific measurement and event-triggered reporting features.
Section 4.2.8 “RF parameters” of 3GPP TS 38.306 , page 22,
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Section 4.2.8 “RF parameters” of 3GPP TS 38.306 , page 23,
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Section 4.2.9 “Measurement parameters” of 3GPP TS 38.306 , page 27,
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It would have been obvious to a Person Having Ordinary Skill in the Art (PHOSITA) at the time the invention was made to modify the even-triggered measurement reporting method of Pezeshki by incorporating the capability information signaling framework taught by 3GPP TS 38.306. The motivation to combine these references is to allow the base station (gNB) to accurately ascertain the specific measurement and reporting features supported by the UE prior to configuration. This combination ensure efficient radio resource management, prevents RRC configuration failures caused by unsupported measurement configurations, and aligns with standard 3GPP protocol practices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WON JUN CHOI whose telephone number is (703)756-1695. The examiner can normally be reached MON-FRI 08:00 - 17:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick W Ferris can be reached at 571-272-3123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WON JUN CHOI/Examiner, Art Unit 2411
/DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411
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