NON-FIAL REJECTION
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “wherein the processor is configured to: determine measurement relaxation capability information, wherein the measurement relaxation capability information is configured to indicate a radio resource management (RRM) measurement relaxation capability that a terminal supports” in claim 22, and “wherein the processor is configured to: perform the communication method according to claim 13” in claim 24.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
To claim a means for performing a specific computer-implemented function and then to disclose only a general purpose computer as the structure designed to perform that function amounts to pure functional claiming. Aristocrat Techs. Australia PTY Ltd. v. Int’l Game Tech., 521 F.3d 1328, 1336-37, 86 USPQ2d 1235, 1242 (Fed. Cir. 2008). In this instance, the structure corresponding to a 35 U.S.C. 112(f) claim limitation for a computer-implemented function must include the algorithm needed to transform the general purpose computer or microprocessor disclosed in the specification. Aristocrat, 521 F.3d at 1333, 86 USPQ2d at 1239; Finisar Corp. v. DirecTV Group, Inc., 523 F.3d 1323, 1340, 86 USPQ2d 1609, 1623 (Fed. Cir. 2008); WMS Gaming, Inc. v. Int’l Game Tech., 184 F.3d 1339, 1349, 51 USPQ2d 1385, 1391 (Fed. Cir. 1999); Rain Computing, Inc. v. Samsung Electronics America Co., 989 F.3d 1002, 1007-8, 2021 USPQ2d 284 (Fed. Cir. 2021).
The corresponding structure is not simply a general purpose computer by itself but the special purpose computer as programmed to perform the disclosed algorithm. Aristocrat, 521 F.3d at 1333, 86 USPQ2d at 1239. Thus, the specification must sufficiently disclose an algorithm to transform a general purpose microprocessor to the special purpose computer. See Aristocrat, 521 F.3d at 1338, 86 USPQ2d at 1241. ("Aristocrat was not required to produce a listing of source code or a highly detailed description of the algorithm to be used to achieve the claimed functions in order to satisfy 35 U.S.C. § 112 ¶ 6. It was required, however, to at least disclose the algorithm that transforms the general purpose microprocessor to a ‘special purpose computer programmed to perform the disclosed algorithm.’" (quoting WMS Gaming, 184 F.3d at 1349, 51 USPQ2d at 1391.)) An algorithm is defined, for example, as "a finite sequence of steps for solving a logical or mathematical problem or performing a task." Microsoft Computer Dictionary, Microsoft Press, 5th edition, 2002. Applicant may express the algorithm in any understandable terms including as a mathematical formula, in prose, in a flow chart, or "in any other manner that provides sufficient structure." Finisar, 523 F.3d at 1340, 86 USPQ2d at 1623; see also Intel Corp. v. VIA Techs., Inc., 319 F.3d 1357, 1366, 65 USPQ2d 1934, 1941 (Fed. Cir. 2003); In re Dossel, 115 F.3d 942, 946-47, 42 USPQ2d 1881, 1885 (Fed. Cir. 1997); Typhoon Touch Inc. v. Dell Inc., 659 F.3d 1376, 1385, 100 USPQ2d 1690, 1697 (Fed. Cir. 2011); In re Aoyama, 656 F.3d at 1306, 99 USPQ2d at 1945.
Here, with respect to the first limitation at issue, looking to the disclosure processor 320 is disclosed as performing the step of determining measurement relaxation capability information, wherein the measurement relaxation capability information is configured to indicate a radio resource management (RRM) measurement relaxation capability that a terminal supports in FIGS 3 and 9 and ¶¶134-137 and 284-249 of the disclosure. This algorithm, along with the processor, is the structure claimed.
Here, with respect to the second limitation at issue, looking to the disclosure processor 422 is disclosed as performing the step of obtaining measurement relaxation capability information reported by a terminal, wherein the measurement relaxation capability information is configured to indicate a radio resource management (RRM) measurement relaxation capability that the terminal supports in a connected state in FIGS 6 and 10 and ¶¶190-191 of the disclosure. This algorithm, along with the processor, is the structure claimed.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f), applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 22, and 23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 15, and 16 of copending Application No. 18/578,647 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
As to claims 1, 22, and 23, reference claims 1, 15, and 16 disclose a terminal and method which determines a RRM relaxation configuration. One of ordinary skill in the art would understand that such means the terminal supports the configuration. The claim being examined is generic to a species or sub-genus claimed in a conflicting patent or application, i.e., the entire scope of the reference claim falls within the scope of the examined claim and the application claim anticipates the claimed genus in the application being examined.
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 1-5, 7-10, 12-17, and 22-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2020/191558A1 to Wang et al. (“Wang”), with a publication date of October 1, 2020.
As to claim 1, Wang discloses:
A communication method based on a measurement relaxation mechanism, performed by a terminal, comprising:
determining measurement relaxation capability information, wherein the measurement relaxation capability information is configured to indicate a radio resource management (RRM) measurement relaxation capability that the terminal supports.
Wang discloses a terminal which determines measurement relaxation capability information which indicates a RRM measurement relaxation capability the terminal supports. Wang at 4-5 “wherein the target function can be determined by the terminal device. Here, the target function is one of at least one of the following functions: Radio Resource Management (RRM, Radio Resource Management) Relax function,” “It should be pointed out that the method provided in this embodiment may also include: reporting capability indication information; Wherein, the capability indication information is used to indicate whether the terminal device supports at least one of the following functions: RRM Relax function…”
Further as to claim 2:
The communication method based on the measurement relaxation mechanism according to claim 1, wherein the RRM measurement relaxation capability comprises at least one of:
supporting all measurement relaxation criteria;
supporting a non-cell edge criterion;
supporting a low mobility criterion;
supporting a stationary criterion;
supporting at least one of a non-cell edge criterion or a low mobility criterion;
supporting at least one of a non-cell edge criterion or a stationary criterion;
supporting at least one of a non-cell edge criterion, a low mobility criterion, or a stationary criterion; or
not supporting any measurement relaxation criterion.
As Wang states the indication is towards RRM relaxation capability, it reads on all measurement criteria, which meets the claim as it is in alternate form. Further, the terminal may determine it does not support measurement relaxation criteria. Wang at 5, “In addition, when the terminal device does not support a certain function, the terminal device will not perform that function.”
Further as to claim 3,
The communication method based on the measurement relaxation mechanism according to claim 1, wherein the measurement relaxation capability information is configured to indicate the RRM measurement relaxation capability that the terminal supports to use in a connected state or in a non-connected state.
Wang discloses the capability that is supported by the terminal is measuring in an idle i.e. non-connected state. Wang at 5, “The idle state measurement report refers to the measurement of the terminal device in the idle state (Idle) or the inactive state (inactive) according to the configuration, the measurement is performed, and the measurement result is reported to the network side after the terminal device enters the connected state.”
Further as to claim 4,
The communication method based on the measurement relaxation mechanism according to claim 3, wherein the measurement relaxation capability information is configured to indicate the RRM measurement relaxation capability that the terminal supports to use in the connected state; and the communication method further comprises: reporting the measurement relaxation capability information.
Wang discloses that the RRM measurement relaxation capability that the terminal supports may report measurements in the connected state. Wang at 5, “and the measurement result is reported to the network side after the terminal device enters the connected state.” Wang further discloses that the terminal reports its measurement relaxation capability to the network. Id., “It should be pointed out that the method provided in this embodiment may also include: reporting capability indication information; Wherein, the capability indication information is used to indicate whether the terminal device supports at least one of the following functions: RRM Relax function, MDT measurement report function, and idle state measurement report function. Correspondingly, the method on the network device side further includes: Receive the capability indication information of the terminal device.”
Further as to claim 5:
The communication method based on the measurement relaxation mechanism according to claim 4, wherein reporting the measurement relaxation capability information comprises at least one of:
reporting the measurement relaxation capability information via a terminal radio capability message;
reporting the measurement relaxation capability information via initialization assistance information;
reporting the measurement relaxation capability information via message 5 in a radio resource control connection setup process or a radio resource control connection resume process; or
reporting the measurement relaxation capability information via message 3 in a radio resource control connection setup process or a radio resource control connection resume process.
Wang discloses reporting the measurement relaxation capability indication in a message to the BS, which reads a terminal radio capability message.
Further as to claim 7:
The communication method based on the measurement relaxation mechanism according to claim 3, further comprising:
obtaining measurement relaxation parameters configured by a network device.
Wang discloses that measurement relaxation parameters may be configured by the BS. Wang at 4, “Correspondingly, this embodiment provides a function control method of a terminal device, which is applied to a network device. As shown in FIG. 3, the method includes: Step 31: Send function configuration information to the terminal device; wherein the function configuration information is used to instruct the terminal device to enable the target function; wherein the target function can be determined by the terminal device. Here, the target function is one of at least one of the following functions: Radio Resource Management (RRM, Radio Resource Management) Relax function”.
Further as to claim 8:
The communication method based on the measurement relaxation mechanism according to claim 7, wherein the measurement relaxation capability information is configured to indicate the RRM measurement relaxation capability that the terminal supports in the connected state; and
obtaining the measurement relaxation parameters configured by the network device comprises:
obtaining the measurement relaxation parameters corresponding to the measurement relaxation capability information configured by the network device based on a radio control resource dedicated signaling.
Wang discloses that the RRM measurement relaxation capability that the terminal supports may report measurements in the connected state. Wang at 5, “and the measurement result is reported to the network side after the terminal device enters the connected state.” As to obtaining parameters from the network, Wang states that such is configured by RRC. Wang at 3 “The idle measurement configuration can be configured in the RRC release message”, “[i]f it is dedicated, use the dedicated configuration”.
Further as to claim 9:
The communication method based on the measurement relaxation mechanism according to claim 7, wherein obtaining the measurement relaxation parameters configured by the network device comprises:
obtaining the measurement relaxation parameters configured by the network device based on a system broadcast message broadcasted by the network device, and determining the measurement relaxation parameters corresponding to the measurement relaxation capability information from the measurement relaxation parameters configured.
Wang discloses determining parameters as to the UE capability from the network parameters and that such information from the network may be by way of a SIB. Wang at 3, “the idle measurement configuration can also be configured in the system broadcast SIB5”, “otherwise use the measurement configuration in SIB5”.
Further as to claim 10:
The communication method based on the measurement relaxation mechanism according to claim 7, further comprising:
determining that the terminal supports an RRM measurement relaxation, and performing the RRM measurement relaxation based on the measurement relaxation parameters in the connected state; or
determining that the terminal supports an RRM measurement relaxation, and performing the RRM measurement relaxation based on the measurement relaxation parameters in the non-connected state.
Wang discloses the capability that is supported by the terminal is measuring in an idle i.e. non-connected state. Wang at 5, “The idle state measurement report refers to the measurement of the terminal device in the idle state (Idle) or the inactive state (inactive) according to the configuration, the measurement is performed, and the measurement result is reported to the network side after the terminal device enters the connected state.”
Further as to claim 12:
The communication method based on the measurement relaxation mechanism according to claim 1, further comprising:
determining at least one of the terminal not supporting an RRM measurement relaxation, or measurement relaxation parameters not being obtained, and
not performing the RRM measurement relaxation.
Wang discloses that the terminal may determine it does not support RRM measurement relaxation and not perform it thusly. Wang at 5, “Regarding the trigger of the terminal device reporting capability indication information, the terminal device itself may report it, or the terminal device may report the capability indication information to the network device when the network device sends a capability report request to the terminal device. In addition, when the terminal device does not support a certain function, the terminal device will not perform that function.”
As to claim 13:
A communication method based on a measurement relaxation mechanism, performed by a network device and comprising:
obtaining measurement relaxation capability information reported by a terminal, wherein the measurement relaxation capability information is configured to indicate a radio resource management (RRM) measurement relaxation capability that the terminal supports in a connected state.
Wang discloses a network device which receives measurement relaxation capability information which indicates a RRM measurement relaxation capability a terminal supports, which is reported to the network device. Wang at 4-5 “wherein the target function can be determined by the terminal device. Here, the target function is one of at least one of the following functions: Radio Resource Management (RRM, Radio Resource Management) Relax function,” “It should be pointed out that the method provided in this embodiment may also include: reporting capability indication information; Wherein, the capability indication information is used to indicate whether the terminal device supports at least one of the following functions: RRM Relax function…”. See also Id. at 5, “the terminal device may report the capability indication information to the network device”.
Further, the relaxation is supported in a connected state. Id. 5, “The idle state measurement report refers to the measurement of the terminal device in the idle state (Idle) or the inactive state (inactive) according to the configuration, the measurement is performed, and the measurement result is reported to the network side after the terminal device enters the connected state.”
Further as to claim 14:
The communication method based on the measurement relaxation mechanism according to claim 13, wherein the RRM measurement relaxation capability comprises at least one of:
supporting all measurement relaxation criteria;
supporting a non-cell edge criterion;
supporting a low mobility criterion;
supporting a stationary criterion;
supporting at least one of a non-cell edge criterion or a low mobility criterion;
supporting at least one of a non-cell edge criterion or a stationary criterion;
supporting at least one of a non-cell edge criterion, or a low mobility criterion or a stationary criterion; or
not supporting any measurement relaxation criterion.
As Wang states the indication is towards RRM relaxation capability, it reads on all measurement criteria, which meets the claim as it is in alternate form. Further, the terminal may determine it does not support measurement relaxation criteria. Wang at 5, “In addition, when the terminal device does not support a certain function, the terminal device will not perform that function.”
Further as to claim 15:
The communication method based on the measurement relaxation mechanism according to claim 13, wherein obtaining the measurement relaxation capability information reported by the terminal comprises at least one of:
obtaining the measurement relaxation capability information reported by the terminal via a terminal radio capability message;
obtaining the measurement relaxation capability information reported by the terminal via initialization assistance information;
obtaining the measurement relaxation capability information reported by the terminal via message 5 in a radio resource control connection setup process or a radio resource control connection resume process;
obtaining the measurement relaxation capability information reported by the terminal via message 3 in a radio resource control connection setup process or a radio resource control connection resume process.
Wang discloses reporting the measurement relaxation capability indication in a message to the BS, which reads a terminal radio capability message.
Further as to claim 16:
The communication method based on the measurement relaxation mechanism according to claim 13, further comprising:
sending measurement relaxation parameters.
Wang discloses that measurement relaxation parameters may be configured by the BS. Wang at 4, “Correspondingly, this embodiment provides a function control method of a terminal device, which is applied to a network device. As shown in FIG. 3, the method includes: Step 31: Send function configuration information to the terminal device; wherein the function configuration information is used to instruct the terminal device to enable the target function; wherein the target function can be determined by the terminal device. Here, the target function is one of at least one of the following functions: Radio Resource Management (RRM, Radio Resource Management) Relax function”.
Further as to claim 17:
The communication method based on the measurement relaxation mechanism according to claim 16, wherein sending the measurement relaxation parameters comprises:
sending the measurement relaxation parameters corresponding to the measurement relaxation capability information configured by the network device via a radio control resource dedicated signaling; or
sending the measurement relaxation parameters configured by the network device via a system broadcast message broadcasted by the network device.
Wang discloses that the parameters may be sent by the network device using RRC, a dedicated signaling, or a system broadcast message. Wang at 3, “The idle measurement configuration can be configured in the RRC release message, and the idle measurement configuration can also be configured in the system broadcast SIB5. If it is dedicated, use the dedicated configuration, otherwise use the measurement configuration in SIB5.”
As to claim 22:
A communication device based on a measurement relaxation mechanism, comprising:
a processor; and
a memory configured to store a processor-executable instruction;
wherein the processor is configured to:
determine measurement relaxation capability information, wherein the measurement relaxation capability information is configured to indicate a radio resource management (RRM) measurement relaxation capability that a terminal supports.
Wang discloses a terminal which determines measurement relaxation capability information which indicates a RRM measurement relaxation capability the terminal supports. Wang at 4-5 “wherein the target function can be determined by the terminal device. Here, the target function is one of at least one of the following functions: Radio Resource Management (RRM, Radio Resource Management) Relax function,” “It should be pointed out that the method provided in this embodiment may also include: reporting capability indication information; Wherein, the capability indication information is used to indicate whether the terminal device supports at least one of the following functions: RRM Relax function…”
Wang discloses that this is performed by a processor connected to memory storing instructions. Id. at FIG 6 element 610 and at 14 “the communication device 600 may further include a memory 620. The processor 610 may call and run a computer program from the memory 620 to implement the method in the embodiment of the present application. The memory 620 may be a separate device independent of the processor 610, or may be integrated in the processor 610.”
As to claim 23:
A non-transitory computer readable storage medium having stored therein instructions that, when executed by a processor of a terminal, cause the terminal to perform the communication method based on the measurement relaxation mechanism according to claim 1.
Wang discloses claim 1 as noted above. Further, Wang discloses that the method corresponding to claim 1 is performed by a processor connected to memory storing instructions. Id. at FIG 6 element 610 and at 14 “the communication device 600 may further include a memory 620. The processor 610 may call and run a computer program from the memory 620 to implement the method in the embodiment of the present application. The memory 620 may be a separate device independent of the processor 610, or may be integrated in the processor 610.”
As to claim 24:
A communication device based on a measurement relaxation mechanism, comprising:
a processor; and
a memory configured to store a processor-executable instruction;
wherein the processor is configured to: perform the communication method according to claim 13.
Wang discloses claim 13 above. Wang further discloses that the method corresponding to claim 13 is performed by a processor connected to memory storing instructions. Id. at FIG 6 element 610 and at 14 “the communication device 600 may further include a memory 620. The processor 610 may call and run a computer program from the memory 620 to implement the method in the embodiment of the present application. The memory 620 may be a separate device independent of the processor 610, or may be integrated in the processor 610.”, “The communication device may be the aforementioned terminal device or network device in this embodiment.”
As to claim 25:
A non-transitory computer readable storage medium having stored therein instructions that, when executed by a processor of a network device, cause the network device to perform the communication method according to claim 13.
Wang discloses claim 13 above. Wang further discloses that the method corresponding to claim 13 is performed by a processor connected to memory storing instructions. Id. at FIG 6 element 610 and at 14 “the communication device 600 may further include a memory 620. The processor 610 may call and run a computer program from the memory 620 to implement the method in the embodiment of the present application. The memory 620 may be a separate device independent of the processor 610, or may be integrated in the processor 610.”, “The communication device may be the aforementioned terminal device or network device in this embodiment.”
Further as to claim 26:
The communication method based on the measurement relaxation mechanism according to claim 9, further comprising:
determining that the terminal supports an RRM measurement relaxation, and performing the RRM measurement relaxation based on the measurement relaxation parameters in the connected state; or
determining that the terminal supports an RRM measurement relaxation, and performing the RRM measurement relaxation based on the measurement relaxation parameters in the non-connected state.
Wang discloses the capability that is supported by the terminal is measuring in an idle i.e. non-connected state. Wang at 5, “The idle state measurement report refers to the measurement of the terminal device in the idle state (Idle) or the inactive state (inactive) according to the configuration, the measurement is performed, and the measurement result is reported to the network side after the terminal device enters the connected state.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
2020/0275289A1 (at ¶¶110-111) discloses a UE which determines and selects a mode according to mobility which includes relaxation criteria for RRM.
2021/0352507A1 speaks of receiving RRM measurement relaxation configuration information and criteria.
WO2022086522A1 discloses UE which determines its support of RRM measurement relaxation capabilities (see FIG 7), including based on cell-edge and cell-center.
2022/0394532A1 discloses a UE determining configured criteria for RRM measurement relaxation.
WO2021090281A1 (at ¶3), WO2021228256A1, and 2022/0312530A1 at ¶¶103-134 speak of using Msg3 or Msg5 for RRM based communications with a network.
2022/0312187A1 discloses a UE which identifies its RRM measurement relaxation capabilities to a network.
3GPP TSG-RAN WG4 #86, R4- 1801960,“Serving cell RRM relaxation for WUS-capable EE” (Athens, Greece, 26th Feb - 2nd Mar 2018) speaks of the performance impact of RRM measurement relaxation.
CN113038524A discloses a UE determining measurement criteria.
Any inquiry concerning this communication or earlier communications from the
Examiner should be directed to Charles Craver whose telephone number is (571) 272-7849. The Examiner can normally be reached on Monday - Friday 8:30-5:30 PT Pacific Time.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Andrew J. Fischer can be reached on 571-272-6779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Signed,
/CHARLES R CRAVER/Primary Examiner, Art Unit 3992