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 .
Applicant’s RCE filed 12/17/2025 is acknowledged.
Claims 1,7,10,11,17,20,21,27, and 30 are amended.
Claims 9, 19, and 29 are cancelled.
Claims 1-8,10-18,20-28, and 30 are pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/17/2025 has been entered.
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 1,6-8,11,16-18,21,26-28, and 30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,2,6,13, and 16 of U.S. Patent No. 12,490,127 (referred to as P127). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Re claim 1: Claim 1 is substantially similar to claims 1 and 6 of P127.
Re claim 6: Claim 6 is substantially similar to claim 2 of P127.
Re claim 7: Claim 7 is disclosed by claim 6 of P127.
Re claim 8: Claim 8 is disclosed by claim 1 of P127.
Re claim 11: Claim 11 is substantially similar to claims 13 and 16 of P127.
Re claim 16: Claim 16 is rejected on the same grounds of rejection set forth in claim 6.
Re claim 17: Claim 17 is rejected on the same grounds of rejection set forth in claim 7 from the perspective of the network entity.
Re claim 18: Claim 18 is rejected on the same grounds of rejection set forth in claim 8 from the perspective of the network entity.
Re claim 21: Claim 21 is rejected on the same grounds of rejection set forth in claim 1.
Re claim 26: Claim 26 is rejected on the same grounds of rejection set forth in claim 6.
Re claim 27: Claim 27 is rejected on the same grounds of rejection set forth in claim 7.
Re claim 28: Claim 28 is rejected on the same grounds of rejection set forth in claim 8.
Re claim 30: Claim 30 is rejected on the same grounds of rejection set forth in claim 11.
Claims 2-5,10,12-15,20, and 22-25 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,2,6,13, and 16 of U.S. Patent No. 12,490,127 (referred to as P127) in view of Jin (US 20220394533).
Re claim 3:
P127does not explicitly disclose the apparatus of claim 2, wherein the signaling configuring the UE with the second serving cell MO comprises a BWP dedicated downlink information element (IE).
Jin discloses the apparatus of claim 2, wherein the signaling configuring the UE with the second serving cell MO comprises a BWP dedicated downlink information element (IE) (Para.[0088] Table ref. bwp-DedicatedBWP-DownlinkDedicated and ref. ServingCellConfig and ref. MeasObjectId and Para.[0089] A dynamic MO list measObjectDynamicList and MeasObjectId (that is, the third information) corresponding to dynamic MOs are configured in the serving cell configuration, ServingCellConfig. A field measObjectDynamicId is added to the BWP downlink configuration BWP-Downlink in the serving cell configuration information, indicating which dynamic MO (that is, the second information) in measObjectDynamicList is associated with the BWP).
Re claim 4:
P127does not explicitly disclose the apparatus of claim 3, wherein the first serving cell MO comprises a cell-specific serving cell MO.
Jin discloses the apparatus of claim 3, wherein the first serving cell MO comprises a cell-specific serving cell MO (Para.[0088] Table ref. bwp-DedicatedBWP-DownlinkDedicated and ref. ServingCellConfig and ref. MeasObjectId and Para.[0089] A dynamic MO list measObjectDynamicList and MeasObjectId (that is, the third information) corresponding to dynamic MOs are configured in the serving cell configuration, ServingCellConfig. A field measObjectDynamicId is added to the BWP downlink configuration BWP-Downlink in the serving cell configuration information, indicating which dynamic MO (that is, the second information) in measObjectDynamicList is associated with the BWP).
Re claim 5:
P127does not explicitly disclose the apparatus of claim 4, wherein the signaling configuring the UE with the first serving cell MO comprises a serving cell configuration information element (IE).
Jin discloses the apparatus of claim 4, wherein the signaling configuring the UE with the first serving cell MO comprises a serving cell configuration information element (IE) (Para.[0088] Table ref. bwp-DedicatedBWP-DownlinkDedicated and ref. ServingCellConfig and ref. MeasObjectId and Para.[0089] A dynamic MO list measObjectDynamicList and MeasObjectId (that is, the third information) corresponding to dynamic MOs are configured in the serving cell configuration, ServingCellConfig. A field measObjectDynamicId is added to the BWP downlink configuration BWP-Downlink in the serving cell configuration information, indicating which dynamic MO (that is, the second information) in measObjectDynamicList is associated with the BWP).
Re claim 10:
P127 does not explicitly disclose the apparatus of claim 8, wherein: the signaling configuring the UE with the second serving cell MO comprises a BWP dedicated downlink information element (IE) for the second BWP; and the BWP dedicated downlink IE for the second BWP includes an indication of an identifier for the MO for the other type of measurement.
Jin discloses the apparatus of claim 8, wherein: the signaling configuring the UE with the second serving cell MO comprises a BWP dedicated downlink information element (IE) for the second BWP; and the BWP dedicated downlink IE for the second BWP includes an indication of an identifier for the MO for the other type of measurement (Para.[0088] Table ref. bwp-DedicatedBWP-DownlinkDedicated and ref. ServingCellConfig and ref. MeasObjectId and Para.[0089] A dynamic MO list measObjectDynamicList and MeasObjectId (that is, the third information) corresponding to dynamic MOs are configured in the serving cell configuration, ServingCellConfig. A field measObjectDynamicId is added to the BWP downlink configuration BWP-Downlink in the serving cell configuration information, indicating which dynamic MO (that is, the second information) in measObjectDynamicList is associated with the BWP).
Re claim 12: Claim 12 is rejected on the same grounds of rejection set forth in claim 2.
Re claim 13: Claim 13 is rejected on the same grounds of rejection set forth in claim 3.
Re claim 14: Claim 14 is rejected on the same grounds of rejection set forth in claim 4.
Re claim 15: Claim 15 is rejected on the same grounds of rejection set forth in claim 5.
Re claim 20: Claim 20 is rejected on the same grounds of rejection set forth in claim 10.
Re claim 22: Claim 22 is rejected on the same grounds of rejection set forth in claim 2.
Re claim 23: Claim 23 is rejected on the same grounds of rejection set forth in claim 3.
Re claim 24: Claim 24 is rejected on the same grounds of rejection set forth in claim 4.
Re claim 25: Claim 25 is rejected on the same grounds of rejection set forth in claim 5.
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) 1,2,7,8,11,17,18,12,21,22,27,28, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yiu (US 20200137599) in view of Kong (WO 2023197804 – citing from the translation).
Re claim 1:
Yiu discloses at least one memory comprising instructions; and one or more processors, individually or collectively, configured to execute the instructions and cause the apparatus to (Fig. 8):
receive signaling configuring the UE with a first serving cell measurement object (MO) and a second serving cell MO (Fig.4 ref. 410 Identify, at the UE, an MO configured by an NR network in the NR system, wherein the MO is associated with a synchronization signal block (SSB) of a frequency and Para.[0042] FIG. 3 illustrates an example of multiple measurement objects (MOs) for a serving frequency and a non-serving frequency. For example, a first MO (MO1) and a second MO (MO2) can include an SSB configuration for a first BWP (BWP1) and a third BWP (BWP3), respectively, which can allow a UE to measure a serving cell without a measurement gap and Fig.3 ref. MO1 and MO2 and Para.[0037] The MOs can be configured using RRC signaling);
perform serving cell measurement according to the first serving cell MO, when operating in a first bandwidth part (BWP) (Para.[0042] For example, when BWP1 is active, the UE can perform a measurement using MO1. When the network switches the UE to BWP3, the UE can perform a measurement using MO2 without a measurement gap);
perform a BWP switch from the first BWP to a second BWP (Para.[0042] For example, when BWP1 is active, the UE can perform a measurement using MO1. When the network switches the UE to BWP3, the UE can perform a measurement using MO2 without a measurement gap);
perform serving cell measurement according to the second serving cell MO after the BWP switch (Para.[0042] For example, when BWP1 is active, the UE can perform a measurement using MO1. When the network switches the UE to BWP3, the UE can perform a measurement using MO2 without a measurement gap).
Yiu does not explicitly disclose update an MO for another type of measurement, after the BWP switch, wherein the update is based on the signaling configuring the UE with the second serving cell MO.
Kong discloses update an MO for another type of measurement, after the BWP switch, wherein the update is based on the signaling configuring the UE with the second serving cell MO (Page 14 Para.[0006-0009] S801: The network device sends an RRC reconfiguration message (RRCReconfiguration) to the UE. The RRC Reconfiguration message contains measurement configuration information…the measurement configuration information may indicate the following: measurement object 1 contains CD-SSB…measurement object 2 includes NCD-SSB and Page 14 Para.[0010-0014] S802: The UE’s current activated BWP…is associated with CD-SSB. S803 The network device sends DCI to the UE. The DCI may include first information, and the first information may be used to trigger BWP switching. The active BWP after switching (e.g. the second BWP in S503) is associated with NCD-SSB and Page 14 Para.[0014] S804: The UE stops or suspends (may also be called suspended) the measurement associated with the first measurement object, and the first measurement object includes CD-SSB; and/or, the terminal device associates the measurement associated with the first measurement object with the second measurement. object, the second measurement object contains the NCD-SSB associated with the second BWP).
Yiu and Kong are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include updating a MO as taught by Jin in order to perform measurements after switching BWP (Kong Page 7 Para.[0010]).
Re claim 2:
Yiu discloses wherein the second serving cell MO comprises a BWP-specific serving cell MO (Fig.3 ref. BWp3 and MO2).
Re claim 7:
As discussed above, Yiu meets all the limitations of the parent claims.
Yiu does not explicitly disclose the apparatus of claim 1, wherein the update occurs after performing another measurement according to the first serving cell MO.
Kong discloses the apparatus of claim 1, wherein the update occurs after performing another measurement according to the first serving cell MO (Page 2 Para.[0013] The measurement object is used to instruct the UE to perform measurements and Page 8 Para.[0007] The terminal device may use the first SSB associated with the first BWP to perform measurements on the service area and/or neighboring cells of the terminal device and Page 8 Para.[0008] S402: The terminal device receives the first information. The first information may indicate switching the active BWP of the terminal device to the second BWP and Page 10 Para.[0007] S404: The terminal device uses the second SSB associated with the second BWP to perform measurement and Page 10 Para.[0013] In some possible ways, the frequency point of the first SSB may be different from the frequency point of the second SSB and Page. 14 Para.[0017] The measurement object (MeasObj)2 corresponding to the NCD-SSB frequency point after switching BWP).
Yiu and Kong are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include updating a MO as taught by Jin in order to perform measurements after switching BWP (Kong Page 7 Para.[0010]).
Re claim 8:
As discussed above, Yiu meets all the limitations of the parent claims.
Yiu does not explicitly disclose the apparatus of claim 7, wherein updating the MO for the other type of measurement comprises updating a frequency on which the other type of measurement is taken.
Kong discloses the apparatus of claim 7, wherein updating the MO for the other type of measurement comprises updating a frequency on which the other type of measurement is taken (Page 10 Para.[0013] In some possible ways, the frequency point of the first SSB may be different from the frequency point of the second SSB and Page. 5 Para.[0007] 3) In this application…The SSB frequency point can be replaced by the SSB frequency).
Yiu and Kong are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include updating a MO as taught by Jin in order to perform measurements after switching BWP (Kong Page 7 Para.[0010]).
Re claim 11:
Yiu discloses an apparatus for wireless communications at a network entity, comprising: at least one memory comprising instructions; and one or more processors, individually or collectively, configured to execute the instructions and cause the apparatus to (Fig. 8):
transmit signaling configuring a user equipment (UE) with a first serving cell measurement object (MO) and a second serving cell MO (Fig.4 ref. 410 Identify, at the UE, an MO configured by an NR network in the NR system, wherein the MO is associated with a synchronization signal block (SSB) of a frequency and Para.[0042] FIG. 3 illustrates an example of multiple measurement objects (MOs) for a serving frequency and a non-serving frequency. For example, a first MO (MO1) and a second MO (MO2) can include an SSB configuration for a first BWP (BWP1) and a third BWP (BWP3), respectively, which can allow a UE to measure a serving cell without a measurement gap and Fig.3 ref. MO1 and MO2);
receive a first cell measurement report from the UE according to the first serving cell MO, when operating in a first bandwidth part (BWP) (Fig.5 ref. 520 Decode, at the NR network, a measurement report received from the UE< wherein the measurement report includes one or more measurements for the MO associated with the SSB for the frequency);
receive a second cell measurement report from the UE according to the second serving cell MO after the BWP switch (Page 14 Para.[0006-0009] S801: The network device sends an RRC reconfiguration message (RRCReconfiguration) to the UE. The RRC Reconfiguration message contains measurement configuration information…the measurement configuration information may indicate the following: measurement object 1 contains CD-SSB…measurement object 2 includes NCD-SSB and Page 14 Para.[0010-0014] S802: The UE’s current activated BWP…is associated with CD-SSB. S803 The network device sends DCI to the UE. The DCI may include first information, and the first information may be used to trigger BWP switching. The active BWP after switching (e.g. the second BWP in S503) is associated with NCD-SSB and Page 14 Para.[0014] S804: The UE stops or suspends (may also be called suspended) the measurement associated with the first measurement object, and the first measurement object includes CD-SSB; and/or, the terminal device associates the measurement associated with the first measurement object with the second measurement. object, the second measurement object contains the NCD-SSB associated with the second BWP).
Yiu does not explicitly disclose configure the UE, via the signaling configuring the UE with the second serving cell MO, to update an MO for another type of measurement after a BWP switch from the first BWP to a second BWP.
Kong discloses configure the UE, via the signaling configuring the UE with the second serving cell MO, to update an MO for another type of measurement after a BWP switch from the first BWP to a second BWP (Page 8 Para.[0007] The terminal device may use the first SSB associated with the first BWP to perform measurements on the service area and/or neighboring cells of the terminal device and Page 8 Para.[0008] S402: The terminal device receives the first information. The first information may indicate switching the active BWP of the terminal device to the second BWP and Page 10 Para.[0007] S404: The terminal device uses the second SSB associated with the second BWP to perform measurement and Page 10 Para.[0013] In some possible ways, the frequency point of the first SSB may be different from the frequency point of the second SSB and Page. 14 Para.[0017] The measurement object (MeasObj)2 corresponding to the NCD-SSB frequency point after switching BWP).
Yiu and Kong are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include updating a MO as taught by Jin in order to perform measurements after switching BWP (Kong Page 7 Para.[0010]).
Re claim 12: Claim 12 is rejected on the same grounds of rejection set forth in claim 2.
Re claim 17: Claim 17 is rejected on the same grounds of rejection set forth in claim 7 from the perspective of the network entity.
Re claim 18: Claim 18 is rejected on the same grounds of rejection set forth in claim 8 from the perspective of the network entity.
Re claim 21: Claim 21 is rejected on the same grounds of rejection set forth in claim 1.
Re claim 22: Claim 22 is rejected on the same grounds of rejection set forth in claim 2.
Re claim 27: Claim 27 is rejected on the same grounds of rejection set forth in claim 7.
Re claim 28: Claim 28 is rejected on the same grounds of rejection set forth in claim 8.
Re claim 30: Claim 30 is rejected on the same grounds of rejection set forth in claim 11.
Claim(s) 3-5,13-15, and 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yiu (US 20200137599) in view of Kong (WO 2023197804 – citing from the translation) as applied to claims 2,12, and 22 above, and further in view of Jin (US 20220394533).
Re claim 3:
As discussed above, Yiu in view of Kong meets all the limitations of the parent claims.
Yiu does not explicitly disclose the apparatus of claim 2, wherein the signaling configuring the UE with the second serving cell MO comprises a BWP dedicated downlink information element (IE).
Jin discloses the apparatus of claim 2, wherein the signaling configuring the UE with the second serving cell MO comprises a BWP dedicated downlink information element (IE) (Para.[0088] Table ref. bwp-DedicatedBWP-DownlinkDedicated and ref. ServingCellConfig and ref. MeasObjectId and Para.[0089] A dynamic MO list measObjectDynamicList and MeasObjectId (that is, the third information) corresponding to dynamic MOs are configured in the serving cell configuration, ServingCellConfig. A field measObjectDynamicId is added to the BWP downlink configuration BWP-Downlink in the serving cell configuration information, indicating which dynamic MO (that is, the second information) in measObjectDynamicList is associated with the BWP).
Yiu and Jin are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include a BWP dedicated downlink information element as taught by Jin in order to resolve measurement configuration mismatch (Jin Para.[0006]).
Re claim 4:
Yiu discloses the apparatus of claim 3, wherein the first serving cell MO comprises a cell-specific serving cell MO (Para.[0034] In one example, a UE can determine which MO corresponds to a serving frequency (or a non-serving frequency) from a frequency location of a cell-defining SSB (CD-SSB) that is contained within a serving cell configuration).
Re claim 5:
As discussed above, Yiu in view of Kong meets all the limitations of the parent claims.
Yiu does not explicitly disclose the apparatus of claim 4, wherein the signaling configuring the UE with the first serving cell MO comprises a serving cell configuration information element (IE).
Jin discloses the apparatus of claim 4, wherein the signaling configuring the UE with the first serving cell MO comprises a serving cell configuration information element (IE) (Para.[0088] Table ref. bwp-DedicatedBWP-DownlinkDedicated and ref. ServingCellConfig and ref. MeasObjectId and Para.[0089] A dynamic MO list measObjectDynamicList and MeasObjectId (that is, the third information) corresponding to dynamic MOs are configured in the serving cell configuration, ServingCellConfig. A field measObjectDynamicId is added to the BWP downlink configuration BWP-Downlink in the serving cell configuration information, indicating which dynamic MO (that is, the second information) in measObjectDynamicList is associated with the BWP).
Yiu and Jin are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include a BWP dedicated downlink information element as taught by Jin in order to resolve measurement configuration mismatch (Jin Para.[0006]).
Re claim 13: Claim 13 is rejected on the same grounds of rejection set forth in claim 3.
Re claim 14: Claim 14 is rejected on the same grounds of rejection set forth in claim 4.
Re claim 15: Claim 15 is rejected on the same grounds of rejection set forth in claim 5.
Re claim 23: Claim 23 is rejected on the same grounds of rejection set forth in claim 3.
Re claim 24: Claim 24 is rejected on the same grounds of rejection set forth in claim 4.
Re claim 25: Claim 25 is rejected on the same grounds of rejection set forth in claim 5.
Claim(s) 6,16, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yiu(US 20200137599) in view of Kong (WO 2023197804 – citing from the translation) as applied to claims 1,11, and 21 above, and further in view of Wen (US 20230171658).
Re claim 6:
As discussed above, Yiu in view of Kong meets all the limitations of the parent claims.
Yiu further discloses the apparatus of claim 1, wherein: the first BWP is configured for cell defining (CD) synchronization signal blocks (SSBs); (Para.[0034] In one example, a UE can determine which MO corresponds to a serving frequency (or a non-serving frequency) from a frequency location of a cell-defining SSB (CD-SSB) that is contained within a serving cell configuration).
Yiu does not explicitly disclose the second BWP is configured for non-cell defining (NCD) synchronization signal blocks (SSBs).
Wen discloses the second BWP is configured for non-cell defining (NCD) synchronization signal blocks (SSBs) (Para.[0205] For example, as shown in FIG. 4, that the measurement information included in the configuration information of the serving cell indicates five measurement objects is used as an example. It is assumed that the five measurement objects are respectively associated with five SSBs, and the five SSBs may be CD-SSBs or NCD-SSBs. The five SSBs may be respectively corresponding to different BWPs. For example, an NCD-SSB 1 corresponds to a BWP 1, an NCD-SSB 2 corresponds to a BWP 2, a CD-SSB corresponds to a BWP 3, an NCD-SSB 3 corresponds to a BWP 4, and an NCD-SSB 4 corresponds to a BWP 5).
Yiu and Wen are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include a NCD SSBs as taught by Wen in order to improve communication performance and resource utilization (Jin Para.[0007]).
Re claim 16: Claim 16 is rejected on the same grounds of rejection set forth in claim 6.
Re claim 26: Claim 26 is rejected on the same grounds of rejection set forth in claim 6.
Claim(s) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yiu (US 20200137599) in view of Kong (WO 2023197804 – citing from the translation) as applied to claims 8 and 18 above, and further in view of Jin (US 20220394533).
Re claim 10:
As discussed above, Yiu in view of Kong meets all the limitations of the parent claims.
Yiu does not explicitly disclose the apparatus of claim 8, wherein: the signaling configuring the UE with the second serving cell MO comprises a BWP dedicated downlink information element (IE) for the second BWP; and the BWP dedicated downlink IE for the second BWP includes an indication of an identifier for the MO for the other type of measurement.
Jin discloses the apparatus of claim 8, wherein: the signaling configuring the UE with the second serving cell MO comprises a BWP dedicated downlink information element (IE) for the second BWP; and the BWP dedicated downlink IE for the second BWP includes an indication of an identifier for the MO for the other type of measurement (Para.[0088] Table ref. bwp-DedicatedBWP-DownlinkDedicated and ref. ServingCellConfig and ref. MeasObjectId and Para.[0089] A dynamic MO list measObjectDynamicList and MeasObjectId (that is, the third information) corresponding to dynamic MOs are configured in the serving cell configuration, ServingCellConfig. A field measObjectDynamicId is added to the BWP downlink configuration BWP-Downlink in the serving cell configuration information, indicating which dynamic MO (that is, the second information) in measObjectDynamicList is associated with the BWP).
Yiu and Jin are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yiu to include a BWP dedicated downlink information element as taught by Jin in order to resolve measurement configuration mismatch (Jin Para.[0006]).
Re claim 20: Claim 20 is rejected on the same grounds of rejection set forth in claim 10.
Response to Arguments
Applicant's arguments filed 11/21/2025 have been fully considered but they are not persuasive.
In the remarks, Applicant contends the instant claims are patentably over the double patenting rejection with application 18/155,369.
The Examiner respectfully disagrees. The double patenting rejection has been updated based on the claim amendments and issuance of U.S. Patent No, 12,490,127.
In the remarks, Applicant contends Kong does not disclose update an MO for another type of measurement, after the BWP switch, wherein the update is based on the signaling configuring the UE with the second serving cell MO.
The Examiner respectfully disagrees. Kong discloses update an MO for another type of measurement, after the BWP switch, wherein the update is based on the signaling configuring the UE with the second serving cell MO (Page 14 Para.[0006-0009] S801: The network device sends an RRC reconfiguration message (RRCReconfiguration) to the UE. The RRC Reconfiguration message contains measurement configuration information…the measurement configuration information may indicate the following: measurement object 1 contains CD-SSB…measurement object 2 includes NCD-SSB and Page 14 Para.[0010-0014] S802: The UE’s current activated BWP…is associated with CD-SSB. S803 The network device sends DCI to the UE. The DCI may include first information, and the first information may be used to trigger BWP switching. The active BWP after switching (e.g. the second BWP in S503) is associated with NCD-SSB and Page 14 Para.[0014] S804: The UE stops or suspends (may also be called suspended) the measurement associated with the first measurement object, and the first measurement object includes CD-SSB; and/or, the terminal device associates the measurement associated with the first measurement object with the second measurement. object, the second measurement object contains the NCD-SSB associated with the second BWP).
As shown in the cited portions of Kong, signaling configuring the UE with the second serving MO is sent in the RRCReconfiguration message. The RRCReconfiguration message contains a first measurement object associated with CD-SSB and a second measurement object associated with NCD-SSB. After the BWP switch, the terminal updates the MO to be associated with the second measurement object. Because the second measurement object is sent in the signaling configuring the UE with the measurement objects, the update is based on the signaling configuring the UE. Therefore Kong reads on the limitation as claimed.
In the remarks, Applicant contends Kong does not disclose the UE updates an MO for a different measurement type at all.
The Examiner respectfully disagrees. After the BWP switch, the MO type is related to NCD-SSB, which is different from the MO type (CD-SSB) before the switch.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD SAJID ADHAMI whose telephone number is (571)272-8615. The examiner can normally be reached 8:30-5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sujoy Kundu can be reached at (571) 272-8586. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MOHAMMAD S ADHAMI/ Primary Examiner, Art Unit 2471