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 .
Priority
Acknowledgment is made of applicant's claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) based upon an application filed in China on 01/04/2021. The claim for priority cannot be based on said application because the subsequent nonprovisional or international application designating the United States was filed more than twelve months thereafter and no petition under 37 CFR 1.55 or request under PCT Rule 26bis.3 to restore the right of priority has been granted.
Applicant may wish to file a petition under 37 CFR 1.55(c) to restore the right of priority if the subsequent application was filed within two months from the expiration of the twelve-month period and the delay was unintentional. A petition to restore the right of priority must include: (1) the priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) in an application data sheet, identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing (unless previously submitted); (2) the petition fee set forth in 37 CFR 1.17(m)(3); and (3) a statement that the delay in filing the subsequent application within the twelve-month period was unintentional. The petition to restore the right of priority must be filed in the subsequent application, or in the earliest nonprovisional application claiming benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) to the subsequent application, if such subsequent application is not a nonprovisional application. The Director may require additional information where there is a question whether the delay was unintentional. The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
Response to Amendment
In response to the amendments received in the Office on 01/12/2026, the Office acknowledges the current status of the claims: claims 1 and 12 have been amended, claims 2-11 and 13-20 remain the same, and no new matter appears to be included.
Response to Arguments
Applicant's arguments filed 01/12/2026 have been fully considered but they are not persuasive.
A. Applicant’s Argument
Applicant argues Zheng fails to teach sending a UE network small gap capability (NCSG) capability report to the wireless network. Wherein, the Office Action fails to establish a prima facie case for Claim 1 because it relies on an unsupported “reads as” equivalence for the claimed UE NCSG capability report. See remarks pages 6-12.
B. Examiner’s Response
Examiner respectfully disagrees. The cited portions (fig. 6 (Step 601) and pars. 0065-0067) clearly teach a terminal device reporting the measurement capability of the terminal device to the network side. Wherein, the measurement capability of the terminal device includes interFreqNeedForGaps and interRAT-NeedForGaps. Whereas, the language “interFreqNeedForGaps and interRAT-NeedForGaps” respectively indicates the need for measurement gaps. Thus, using the broadest reasonable interpretation, the measurement capability of the terminal device reads as a UE NCSG capability report due to including an indication for a need for measurement gaps.
C. Applicant’s Argument
Applicant argues the Office Action does not identify any disclosure in Zheng that links "NeedForGaps" capability signaling to network-controlled small gaps (NCSG)-i.e., a configuration in which "gap is not needed but interruption is still needed," as explained in Applicant's disclosure for using a NeedForGap framework to indicate NCSG capability. Nor does the Office Action explain why a POSITA would modify Zheng's gap/no-gap framework to produce the claimed network NCSG configuration keyed to bands "indicated as need-for-NCSG" in the UE report. The applicant further argues the mapping used by the Office Action is legally and technically defective. Wherein, the Office Action states that "trigger condition and the measurement capability reported by the terminal device" reads as the need-for-NCSG in the UE report. See remarks for claims 1 and 12 on pages 7-9.
D. Examiner’s Response
Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a configuration in which "gap is not needed but interruption is still needed and a POSITA would modifying the gap/no-gap framework to produce the claimed network NCSG configuration keyed to bands "indicated as need-for-NCSG" in the UE report) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, Jin teaches a frequency configuration module that configures one or more frequency bands in the wireless network (par. 0079, teaches a determining unit, configured to determine the processing capability information based on the to-be-measured frequency and a UE capability. Furthermore, fig. 8 (S102) and pars. 0196-0205, teaches the base station delivers the measurement configuration information to the UE, where the measurement configuration information includes the to-be-measured frequency and the measurement gap configuration information. Then, fig. 8 (S103-S104) and pars. 0206-0213, teaches the UE obtains, the measurement configuration information and determines processing capability information of the UE based on the to-be-measured frequency and the UE capability. The UE capability is used to identify a band combination supported by the UE. Furthermore, fig. 8 (S105) and pars. 0217-2019, teaches the UE notifying the base station that the configuration is complete. Wherein, the determining unit that processes the to-be-measured frequency and a UE capability of the UE and the base station configuring the UE with to-be-measured frequency and the measurement gap configuration information teaches a frequency configuration module that configures one or more frequency bands in the wireless network); and sending a capability report to the wireless network based on the configured one or more frequency bands (fig. 8 (S105) and pars. 0217-0220, teaches the UE sending the processing capability information to the base station by using the RRC signaling. Whereas, par. 0034, teaches the UE may determine the processing capability information of the UE based on a radio frequency capability supported by the UE and the to-be-measured frequency, and report the processing capability information to the base station. Par. 0136, teaches Radio Resource Control (RRC). Wherein, the language “the UE may determine the processing capability information of the UE based on a radio frequency capability supported by the UE and the to-be-measured frequency, and report the processing capability information to the base station” reads as a capability report (the processing capability information) based on the configured one or more frequency bands (the to-be-measured frequency)). Wherein, Jin teaches the method of a UE configuring one or more frequency bands in the wireless network and sending a capability report to the wireless network based on the configured one or more frequency bands.
Whereas, Zheng teaches the UE NCSG capability report indicates whether NCSG is needed for one or more measuring frequency layers (fig. 6 (Step 601) and pars. 0065-0067, teaches the terminal device may report the measurement capability of the terminal device. The parameters that identify the measurement capability of the current terminal device may be interFreqNeedForGaps and interRAT-NeedForGaps, and descriptions in the protocol are respectively “Indicates need for measurement gaps”. Furthermore, Tables 2-3 and pars. 0068-0072, teaches the terminal device further needs to report a supported CA capability, a multiple-input multiple-output capability (quantity of layers) for each cell or CC, and a corresponding measurement capability. Whereas, the terminal device may further support a CA combination of a plurality of frequency bands. Par. 0045, teaches Carrier Aggregation (CA) and Component Carrier (CC). Wherein, the language “interFreqNeedForGaps and interRAT-NeedForGaps” information within the measurement capability of the terminal device reads as an indication for whether NCSG s needed for measuring layers. Wherein, the “interFreqNeedForGaps and interRAT-NeedForGaps” information respectively indicates need for measurement gaps for multiple frequencies, measuring layers. Thus, the measurement capability of the terminal device including the interFreqNeedForGaps and interRAT-NeedForGaps information reads as the UE NCSG capability report indicates whether NCSG is needed for one or more measuring frequency layers). Wherein, Zheng teaches a capability report that indicates a need for measurement gaps. Whereas, the language “parameters that identify the measurement capability of the current terminal device may be interFreqNeedForGaps and interRAT-NeedForGaps” could be interpreted as a signal for no need for interFreqNeedForGaps and/or interRAT-NeedForGaps. Thus, would read on the broadest reasonable interpretation of the UE NCSG capability report indicates whether NCSG is needed and “gap is not needed”.
Therefore, the combination of Jin’s configuring one or more frequency bands and sending a capability report to the wireless network based on the configured one or more frequency bands and Zheng’s UE NCSG capability report indicates whether NCSG is needed for one or more measuring frequency layers, teaches the limitations “a frequency configuration module that configures one or more frequency bands in the wireless network; a network small gap capability (NCSG) capability module that sends a UE NCSG capability report to the wireless network based on the configured one or more frequency bands, wherein the UE NCSG capability report indicates whether NCSG is needed for one or more measuring frequency layers”.
E. Applicant’s Argument
Applicant argues Zheng’s “NeedForGaps” is a gap required indicator; claim 1 requires a report indicating whether NCSG s needed for measuring layers. Furthermore, Zheng's "no-gap" branch teaches no gap-related information is sent-this conflicts with claim 1's "network NCSG configuration ... one or more NCSGs are configured. See remarks for claims 1 and 12 on page 8.
F. Examiner’s Response
Examiner respectfully disagrees. Zheng’s “interFreqNeedForGaps and interRAT-NeedForGaps” information within the measurement capability of the terminal device reads on an indication for whether NCSG s needed for measuring layers. Wherein, the “interFreqNeedForGaps and interRAT-NeedForGaps” information respectively indicates need for measurement gaps for multiple frequencies, measuring layers. Examiner notes, fig. 6 and par. 0075 teaches the optional step 603 wherein the network side determines, based on the measurement capability reported by the terminal device, that a gap does not need to be allocated to the terminal device. However, the addition of the optional step 603 does not conflict with the cited portions (fig. 6 and pars. 0077-0078) that clearly state the network side delivers measurement control information and configures a measurement gap period based on the measurement capability reported by the terminal including interFreqNeedForGaps and interRAT-NeedForGaps information.
F. Applicant’s Argument
Applicant argues the “trigger condition” in Zheng is not part of the UE capability report-it is an event/condition that causes the network to initiate measurement procedures (i.e., a separate concept from UE reporting). The measurement capability being referenced (interFreqNeedForGaps / interRAT-NeedForGaps) is expressly about need for measurement gaps, not "need-for-NCSG. See remarks for claims 1 and 12 on page 9.
G. Examiner’s Response
Examiner respectfully disagrees. Examiner respectfully cited the “trigger condition and the measurement capability reported by the terminal device” reads as the need-for-NCSG in the UE NCSG capability report within the context of pars. 0065-0067, which teaches parameters that identify the measurement capability of the current terminal device may be interFreqNeedForGaps and interRAT-NeedForGaps, and descriptions in the protocol are respectively “indicates need for measurement gaps”. Wherein, the cited portions of Zheng clearly showcase the network side determines and delivers the configuring information for the measurement gap based on the measurement capability reported by the terminal device which includes indications for needs for gaps.
H. Applicant’s Argument
Applicant argues there is no teaching of "wherein the UE NCSG capability report further comprises a beam management type for each corresponding frequency band in frequency range-2 (FR2)." See remarks for claims 4 and 15 on page 10.
I. Examiner’s Response
Examiner fully considered and found the arguments to be persuasive. The rejection of claims 4 and 15 have been withdrawn.
J. Applicant’s Argument
Applicant argues there is no teaching of " the UE receives a radio resource control (RRC) signal indicating priority information for the overlapped measurement gap and the NCSG." See remarks for claims 9 and 19 on page 11.
K. Examiner’s Response
Examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, Zheng teaches the UE receives a … signal indicating the NCSG (fig. 6 and pars. 0073-0078, teaches the network side determines, based on the trigger condition and the measurement capability reported by the terminal device, whether a gap needs to be allocated. If the terminal device needs a gap to perform inter-frequency measurement, the network side delivers measurement control information and configures a measurement gap period based on the measurement capability reported by the terminal device. Wherein, the network sending the UE a configuration including a measurement gap period based on information on whether a gap needs to be allocated, reads as the UE receives a … signal indicating the NCSG).
Whereas, Siomina teaches the UE receives a… signal indicating priority information (fig. 4 and pars. 0104-0113, teaches the wireless device obtains a first and second set of time resources associated with the first and second radio measurement for F1 and F2. Whereas, the “first and second set of time resources associated with the first and second radio measurement for F1 and F2” reads as priority information within the context of pars. 0114-0133, which teaches the wireless device determines a priority based on an amount of overlap between the first and the second sets of time resources) for the overlapped measurement gap and the NCSG (fig. 4 and pars. 0114-0133, teaches the wireless device determines a priority based on an amount of overlap between the first and the second sets of time resources (the first and the second sets of DMTC occasions). Furthermore, the priority is lower when f2 is inter-frequency and f1 is intra-frequency, when the first and the second sets of time resources overlap fully (e.g., all DMTC occasions on f1 overlap with all DMTC occasions on f2 and/or all measurement gaps). Whereas, the “DMTC occasions on f1 overlap with all DMTC occasions on f2” reads as the overlapped measurement gap and the “measurement gaps” reads as the NCSG within the context of pars. 0101-0103, teaches the wireless device indicates whether measurement gaps will be configured for the first and the second sets of resources prior to receiving the DMTC occasions). Wherein, the signal includes priority information (i.e. a first and second set of time resources associated with the first and second radio measurement for F1 and F2) for the overlapped measurement gap (i.e. priority is lower when f2 is inter-frequency and f1 is intra-frequency, when the first and the second sets of time resources overlap fully (e.g., all DMTC occasions on f1 overlap with all DMTC occasions on f2 and/or all measurement gaps)) and NCSG (i.e. the priority is lower when f2 is inter-frequency and f1 is intra-frequency. Wherein the wireless device will use measurement gaps to perform the inter-frequency radio measurement).
Furthermore, Miao teaches the UE receives a radio resource control (RRC) signal indicating priority information the overlapped measurement gap (pars. 0076-0086, teaches the configuration through RRC signaling, the network device may determine a parameter of configured grant as the indication information, which indicates that the channel has a higher or lower priority than the measurement gap and the user equipment performs the channel transmission at the overlapping position when the channel overlaps with the measurement gap. Furthermore, par. 0018, teaches the network device configures the indication information for the user equipment through RRC signaling, which reads as the UE receives the RRC signaling. Par. 0013, teaches Radio Resource Control (RRC)).
Therefore, the combination of Zheng’s signal indicating the NCSG, Siomina’s signal indicating priority information for the overlapped measurement gap and the NCSG, and Miao’s radio resource control (RRC) signal indicating priority information the overlapped measurement gap teaches the limitation “the UE receives a radio resource control (RRC) signal indicating priority information for the overlapped measurement gap and the NCSG”.
L. Applicant’s Argument
Applicant argues dependent claims 2-3, 7-8, 10, 13-14, 18, and 20 are patentable for at least the reasons their corresponding independent claims are patentable. See remarks pages 9-11.
M. Examiner’s Response
Examiner respectfully disagrees for reasons above.
Examiner respectfully maintains the rejections below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (US20220279402 hereinafter Zheng) in view of Jin (US20230055487).
Regarding claims 1 and 12. Zheng teaches the method and apparatus for a user equipment (UE) (figs. 4-5 and pars. 0059-0061, teaches the terminal device), comprising: a transceiver that transmits and receives radio frequency (RF) signals in a wireless network (figs. 4-5 and pars. 0059-0061, teaches antenna 101);
a network controlled small gap (NCSG) capability module that sends a UE NCSG capability report to the wireless network (fig. 6 (Step 601) and pars. 0065-0067, teaches the terminal device may report the measurement capability of the terminal device to the network side. The parameters that identify the measurement capability of the current terminal device may be interFreqNeedForGaps and interRAT-NeedForGaps, and descriptions in the protocol are respectively indicates need for measurement gaps. Wherein, the language “the measurement capability of the terminal device including interFreqNeedForGaps and interRAT-NeedForGaps” reads as a UE NCSG capability report. Furthermore, figs. 4-5 and par. 0059-0061, teaches the terminal comprises a Baseband Integrated Circuit (BBIC) processor that supports both data receiving/sending in a serving cell and inter-frequency measurement, which reads as the NCSG capability module),
wherein the UE NCSG capability report indicates whether NCSG is needed for one or more measuring frequency layers (fig. 6 (Step 601) and pars. 0065-0067, teaches the terminal device may report the measurement capability of the terminal device. The parameters that identify the measurement capability of the current terminal device may be interFreqNeedForGaps and interRAT-NeedForGaps, and descriptions in the protocol are respectively “Indicates need for measurement gaps”. Furthermore, Tables 2-3 and pars. 0068-0072, teaches the terminal device further needs to report a supported CA capability, a multiple-input multiple-output capability (quantity of layers) for each cell or CC, and a corresponding measurement capability. Whereas, the terminal device may further support a CA combination of a plurality of frequency bands. Par. 0045, teaches Carrier Aggregation (CA) and Component Carrier (CC));
a NCSG control module that receives a network NCSG configuration from the wireless network (fig. 6 and pars. 0077-0078, teaches the network side delivers measurement control information and configures a measurement gap period based on the measurement capability reported by the terminal device to the based on the measurement capability reported by the terminal device. Furthermore, figs. 4-5 and par. 0059-0061, teaches the terminal comprises a BBIC processor, which reads as a NCSG control module),
wherein one or more NCSGs are configured for corresponding frequency bands that are indicated as need-for-NCSG in the UE NCSG capability report (fig. 6 and pars. 0073-0078, teaches the network side determines, based on the trigger condition and the measurement capability reported by the terminal device, whether a gap needs to be allocated. If the terminal device needs a gap to perform inter-frequency measurement, the network side delivers measurement control information and configures a measurement gap period based on the measurement capability reported by the terminal device. Whereas, the “trigger condition and the measurement capability reported by the terminal device” reads as the need-for-NCSG in the UE NCSG capability report within the context of pars. 0065-0067, which teaches parameters that identify the measurement capability of the current terminal device may be interFreqNeedForGaps and interRAT-NeedForGaps, and descriptions in the protocol are respectively “Indicates need for measurement gaps”); and
a measurement module that performs one or more measurements based on the one or more NCSGs for the corresponding measuring frequency bands (fig. 6 and par. 0090, teaches the terminal device performs measurement based on the measurement control sent by the network, and reports a measurement result. Furthermore, figs. 4-5 and par. 0059-0061, teaches the terminal comprises a BBIC processor, which reads as a measurement module).
However, although Zheng teaches a network small gap capability (NCSG) capability module that sends a UE NCSG capability report to the wireless network (fig. 6 (Step 601) and pars. 0065-0067), the apparatus and methods of Zhen explicitly fails to disclose, a frequency configuration module that configures one or more frequency bands in the wireless network; sending a capability report to the wireless network based on the configured one or more frequency bands.
Jin disclosed apparatus, systems, and methods for a capability report, so Jin is analogous to Zhen. Furthermore, Jin teaches a frequency configuration module that configures one or more frequency bands in the wireless network (par. 0079, teaches a determining unit, configured to determine the processing capability information based on the to-be-measured frequency and a UE capability. Furthermore, fig. 8 (S102) and pars. 0196-0205, teaches the base station delivers the measurement configuration information to the UE, where the measurement configuration information includes the to-be-measured frequency and the measurement gap configuration information. Then, fig. 8 (S103-S104) and pars. 0206-0213, teaches the UE obtains, the measurement configuration information and determines processing capability information of the UE based on the to-be-measured frequency and the UE capability. The UE capability is used to identify a band combination supported by the UE. Furthermore, fig. 8 (S105) and pars. 0217-2019, teaches the UE notifying the base station that the configuration is complete);
sending a capability report to the wireless network based on the configured one or more frequency bands (fig. 8 (S105) and pars. 0217-0220, teaches the UE sending the processing capability information to the base station by using the RRC signaling. Whereas, par. 0034, teaches the UE may determine the processing capability information of the UE based on a radio frequency capability supported by the UE and the to-be-measured frequency, and report the processing capability information to the base station. Par. 0136, teaches Radio Resource Control (RRC)).
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize a frequency configuration module that configures one or more frequency bands in the wireless network; sending a capability report to the wireless network based on the configured one or more frequency bands, as disclosed by Jin with the method and apparatus of Zhen. The motivations for doing so would be to improves uplink and downlink rates of the UE. (See Jin par. 0017)
Regarding claims 3 and 14. Zheng and Jin teaches the method and apparatus for claims 1 and 12. Zheng further teaches the NCSG capability report uses a NeedForGap signaling framework to indicate NCSG capabilities for the one or more measuring frequency layers (fig. 6 (Step 601) and pars. 0065-0068, teaches the terminal device may report the measurement capability of the terminal device to the network side. The parameters that identify the measurement capability of the current terminal device may be interFreqNeedForGaps and interRAT-NeedForGaps, and descriptions in the protocol are respectively “Indicates need for measurement gaps”).
Claims 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (US20220279402 hereinafter Zheng), in view of Jin (US20230055487), in further view of Li et al. (US20180076872 hereinafter Li).
Regarding claims 2 and 13. Zheng and Jin teaches the method and apparatus for claims 1 and 12. Zheng further teaches the network NCSG configuration is received (fig. 6 and pars. 0077-0078, teaches the network side delivers measurement control information and configures a measurement gap period based on the measurement capability reported by the terminal device to the based on the measurement capability reported by the terminal device. Whereas, par. 0091, teaches the network side configures a secondary cell based on the measurement result reported by the terminal device).
However, although Zheng teaches the network NCSG configuration is received (fig. 6 and par. 0091, teaches the network side configures a secondary cell based on the measurement result reported by the terminal device. Which suggest the network side that delivers measurement control information and configures a measurement gap period is a master node), the apparatus and methods of Zheng explicitly fails to disclose, the network NCSG configuration is received from a master node (MN) or a secondary node (SN) of the wireless network.
Li disclosed apparatus, systems, and methods for configuration is received from a master node (MN), so Li is analogous to Zheng. Furthermore, Li teaches the network NCSG configuration is received from a master node (MN) (fig. 9 and pars. 0325-0328, teaches the UE receives measurement configuration information of the inter-frequencies of the carrier in the carrier aggregation supported by the UE and that is sent by the base station according to the indication information. Furthermore, the indication information used to indicate that the UE supports parallel measurement performed in a measurement gap on inter-frequencies of a carrier in carrier aggregation supported by the UE. The “measurement configuration information” reads as the network NCSG configuration. Moreover, par. 0178, teaches the base station has a function of receiving and sending data. A corresponding sending device and receiving device may be a master eNodeB) or a secondary node (SN) of the wireless network (Examiners note: this limitation uses alternative language (or), and thus only one of the limitations tied to the “or” statement needs to be shown by the prior art).
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize teaches the network NCSG configuration is received from a master node (MN), as disclosed by Li with the method and apparatus of Zheng. The motivations for doing so would be to reduce waste of signaling resources. (see Li par. 0009)
Claims 7-8, 10, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (US20220279402 hereinafter Zheng), in view of Jin (US20230055487), in further view of Siomina (US20190364469).
Regarding claims 7 and 18. Zheng and Jin teaches the method and apparatus for claims 1 and 12. Zheng further teaches an inter-radio access technology (RAT) measurement is performed on one configured NCSG (fig. 6 and pars. 0077-0078, teaches the network side sends the measurement control information and configures the gap period for the terminal device to measure information about an inter-RAT cell. Furthermore, par. 0090, teaches the terminal device performs measurement based on the measurement control sent by the network, and reports a measurement result)
However, although Zheng teaches an inter-radio access technology (RAT) measurement (fig. 6 and pars. 0077-0078 and 0090), the combination of Zheng and Jin explicitly fails to disclose, an inter-radio access technology (RAT) measurement is performed on one configured NCSG in parallel with intra-frequency measurements for a primary cell (PCell) and secondary cell (SCell) of the UE.
Siomina disclosed apparatus, systems, and methods for inter-radio access technology (RAT) measurement, so Siomina is analogous to Zheng. Furthermore, Siomina teaches an inter-radio access technology (RAT) measurement is performed on one configured NCSG in parallel with intra-frequency measurements for a primary cell (PCell) and secondary cell (SCell) of the UE (fig. 4 and par. 0152, teaches one or more steps in method 400 may be performed in parallel. Furthermore, fig. 4 and pars. 0135-0146, teaches the wireless device performs the first and the second measurements based on the determined priorities. Whereas, pars. 0104-0113, teaches obtaining the first and second set of time resources on F1 in the first cell and F2 in the second cell and the time resources configured with measurement gaps (which reads as NCSGs). Furthermore, par. 0116-0119, teaches f1 is intra-frequency and f2 is inter-frequency. Moreover, pars. 0098-0100, teaches wireless device 110, may be configured to perform at least one intra-frequency radio measurement on at least one carrier frequency f1 (e.g., serving carrier frequency) and a second radio measurement include inter-RAT measurement. Then, pars. 0114-0134 and 0137-0144, teaches the wireless device determines a priority of the second measurement with respect to the first measurement. The priority may be determined based on an amount of overlap between the first and the second sets of time resources, determining the priority may further comprise determining that the priority is the same. Whereas, the language “first cell” reads as a primary cell (PCell) of the UE within the context of par. 0011, which teaches a UE may be configured with carrier aggregation with PCell in Band 1 and par. 0003, teaches the serving cell is interchangeably referred to as primary cell (PCell) or primary serving cell (PSC). Par. 0200, teaches Radio Access Technology (RAT)).
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize an inter-radio access technology (RAT) measurement is performed on one configured NCSG in parallel with intra-frequency measurements for a primary cell (PCell) and secondary cell (SCell) of the UE, as disclosed by Siomina with the combination of Zheng and Jin. The motivations for doing so would be to provide one or more technical advantages (i.e. meet the timing requirements for performing the measurements). (see Siomina par. 0059)
Regarding claim 8. Zheng and Jin teaches the method for claim 1. Zheng further teaches one configured NCSG (fig. 6 and pars. 0077-0078 and 0090, see above claims 1 and 7).
However, although Zheng teaches configured NCSG (fig. 6 and pars. 0077-0078 and 0090), the combination of Zheng and Jin explicitly fails to disclose, one configured NCSG overlaps with a configured measurement gap of the UE.
Siomina further teaches one configured NCSG overlaps with a configured measurement gap of the UE (fig. 4 and pars. 0101-0133, teaches the wireless device indicates whether measurement gaps will be configured for the first and the second sets of resources. Then, the wireless device obtains a first set of time resources (DMTC occasions) associated with the first radio measurement for f1 in a first cell and the wireless device obtains a second set of time resources (DMTC occasions) associated with the second radio measurement for f2 in a secondary cell. Finally, the wireless device determines a priority based on all DMTC occasions on f1 overlap with all DMTC occasions on f2 and all measurement gaps. Par. 0070, teaches discovery measurement timing configuration (DMTC) occasions).
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize one configured NCSG overlaps with a configured measurement gap of the UE, as disclosed by Siomina with the combination of Zheng and Jin. The motivations for doing so would be to provide one or more technical advantages (i.e. meet the timing requirements for performing the measurements). (see Siomina par. 0059)
Regarding claim 10. Zheng, Jin, and Siomina teaches the method for claim 8.
However, although Zheng teaches configured NCSG (fig. 6 and pars. 0077-0078 and 0090), the combination of Zheng and Jin explicitly fails to disclose, the UE prioritizes the overlapped measurement gap or the NCSG based on predefined rules.
Siomina further teaches the UE prioritizes the overlapped measurement gap or the NCSG (fig. 4 and pars. 0114-0133, teaches the wireless device determines a priority based on an amount of overlap between the first and the second sets of time resources. Furthermore, the priority is lower when f2 is inter-frequency and f1 is intra-frequency, when the first and the second sets of time resources overlap fully (e.g., all DMTC occasions on f1 overlap with all DMTC occasions on f2 and/or all measurement gaps. Furthermore, fig. 5 and par. 0156, teaches the priority may be determined based on the rules described with respect to FIG. 4.) based on predefined rules (fig. 4 and pars. 0104-0113, teaches the wireless device obtains a first and second set of time resources associated with the first and second radio measurement for F1 and F2 based on a pre-defined rule or configuration).
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize the UE prioritizes the overlapped measurement gap or the NCSG based on predefined rules, as disclosed by Siomina with the combination of Zheng and Jin. The motivations for doing so would be to provide one or more technical advantages (i.e. meet the timing requirements for performing the measurements). (see Siomina par. 0059)
Regarding claim 20. Zheng and Jin teaches the apparatus for claim 12.
However, although Zheng teaches configured NCSG (fig. 6 and pars. 0077-0078 and 0090), the combination of Zheng and Jin explicitly fails to disclose, one configured NCSG overlaps with a configured measurement gap of the UE, and wherein the UE prioritizes the overlapped measurement gap or the NCSG based on predefined rules.
Siomina further teaches one configured NCSG overlaps with a configured measurement gap of the UE (fig. 4 and pars. 0101-0133, teaches the wireless device indicates whether measurement gaps will be configured for the first and the second sets of resources. Then, the wireless device obtains a first set of time resources (DMTC occasions) associated with the first radio measurement for f1 in a first cell and the wireless device obtains a second set of time resources (DMTC occasions) associated with the second radio measurement for f2 in a secondary cell. Finally, the wireless device determines a priority based on all DMTC occasions on f1 overlap with all DMTC occasions on f2 and all measurement gaps. Par. 0070, teaches discovery measurement timing configuration (DMTC) occasions), and
wherein the UE prioritizes the overlapped measurement gap or the NCSG (fig. 4 and pars. 0114-0133, teaches the wireless device determines a priority based on an amount of overlap between the first and the second sets of time resources. Furthermore, the priority is lower when f2 is inter-frequency and f1 is intra-frequency, when the first and the second sets of time resources overlap fully (e.g., all DMTC occasions on f1 overlap with all DMTC occasions on f2 and/or all measurement gaps. Furthermore, fig. 5 and par. 0156, teaches the priority may be determined based on the rules described with respect to FIG. 4.) based on predefined rules (fig. 4 and pars. 0104-0113, teaches the wireless device obtains a first and second set of time resources associated with the first and second radio measurement for F1 and F2 based on a pre-defined rule or configuration).
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize one configured NCSG overlaps with a configured measurement gap of the UE, and wherein the UE prioritizes the overlapped measurement gap or the NCSG based on predefined rules, as disclosed by Siomina with the combination of Zheng and Jin. The motivations for doing so would be to provide one or more technical advantages (i.e. meet the timing requirements for performing the measurements). (see Siomina par. 0059)
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (US20220279402 hereinafter Zheng), in view of Jin (US20230055487), in view of Siomina (US20190364469), in further view of Miao (US20220078813).
Regarding claim 9. Zheng, Jin, and Siomina teaches the method for claim 8.
However, although Zheng teaches configured NCSG (fig. 6 and pars. 0077-0078 and 0090), the combination of Zheng and Jin explicitly fails to disclose, the UE receives a signal indicating priority information for the overlapped measurement gap and the NCSG.
Siomina further teaches the UE receives a… signal indicating priority information (fig. 4 and pars. 0104-0113, teaches the wireless device obtains a first and second set of time resources associated with the first and second radio measurement for F1 and F2. Whereas, the “first and second set of time resources associated with the first and second radio measurement for F1 and F2” reads as priority information within the context of pars. 0114-0133, which teaches the wireless device determines a priority based on an amount of overlap between the first and the second sets of time resources) for the overlapped measurement gap and the NCSG (fig. 4 and pars. 0114-0133, teaches the wireless device determines a priority based on an amount of overlap between the first and the second sets of time resources (the first and the second sets of DMTC occasions). Furthermore, the priority is lower when f2 is inter-frequency and f1 is intra-frequency, when the first and the second sets of time resources overlap fully (e.g., all DMTC occasions on f1 overlap with all DMTC occasions on f2 and/or all measurement gaps). Whereas, the “DMTC occasions on f1 overlap with all DMTC occasions on f2” reads as the overlapped measurement gap and the “measurement gaps” reads as the NCSG within the context of pars. 0101-0103, teaches the wireless device indicates whether measurement gaps will be configured for the first and the second sets of resources prior to receiving the DMTC occasions).
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize the UE receives a signal indicating priority information for the overlapped measurement gap and the NCSG, as disclosed by Siomina with the combination of Zheng and Jin. The motivations for doing so would be to provide one or more technical advantages (i.e. meet the timing requirements for performing the measurements). (see Siomina par. 0059)
However, the combination of Zheng, Jin, and Siomina explicitly fails to disclose, the UE receives a radio resource control (RRC) signal indicating priority information.
Miao disclosed apparatus, systems, and methods for a radio resource control (RRC) signal, so Miao is analogous to Zheng. Furthermore, Miao teaches the UE receives a radio resource control (RRC) signal indicating priority information the overlapped measurement gap (pars. 0076-0086, teaches the configuration through RRC signaling, the network device may determine a parameter of configured grant as the indication information, which indicates that the channel has a higher or lower priority than the measurement gap and the user equipment performs the channel transmission at the overlapping position when the channel overlaps with the measurement gap. Furthermore, par. 0018, teaches the network device configures the indication information for the user equipment through RRC signaling, which reads as the UE receives the RRC signaling. Par. 0013, teaches Radio Resource Control (RRC)).
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize the UE receives a radio resource control (RRC) signal indicating priority information, as disclosed by Miao with the combination of Zheng, Jin, and Siomina. The motivations for doing so would be to ensure the UE can get the better quality of service. (see Miao par. 0006)
Regarding claim 19. Zheng and Jin teaches the apparatus for claim 12.
However, although Zheng teaches configured NCSG (fig. 6 and pars. 0077-0078 and 0090), the combination of Zheng and Jin explicitly fails to disclose, one configured NCSG overlaps with a configured measurement gap of the UE, and wherein the UE receives a signal indicating priority information for the overlapped measurement gap and the NCSG.
Siomina further teaches one configured NCSG overlaps with a configured measurement gap of the UE (fig. 4 and pars. 0101-0133, teaches the wireless device indicates whether measurement gaps will be configured for the first and the second sets of resources. Then, the wireless device obtains a first set of time resources (DMTC occasions) associated with the first radio measurement for f1 in a first cell and the wireless device obtains a second set of time resources (DMTC occasions) associated with the second radio measurement for f2 in a secondary cell. Finally, the wireless device determines a priority based on all DMTC occasions on f1 overlap with all DMTC occasions on f2 and all measurement gaps. Par. 0070, teaches discovery measurement timing configuration (DMTC) occasions), and
wherein the UE receives a signal indicating priority information (fig. 4 and pars. 0104-0113, teaches the wireless device obtains a first and second set of time resources associated with the first and second radio measurement for F1 and F2. Whereas, the “first and second set of time resources associated with the first and second radio measurement for F1 and F2” reads as priority information within the context of pars. 0114-0133, which teaches the wireless device determines a priority based on an amount of overlap between the first and the second sets of time resources) for the overlapped measurement gap and the NCSG (fig. 4 and pars. 0114-0133, teaches the wireless device determines a priority based on an amount of overlap between the first and the second sets of time resources (the first and the second sets of DMTC occasions). Furthermore, the priority is lower when f2 is inter-frequency and f1 is intra-frequency, when the first and the second sets of time resources overlap fully (e.g., all DMTC occasions on f1 overlap with all DMTC occasions on f2 and/or all measurement gaps). Whereas, the “DMTC occasions on f1 overlap with all DMTC occasions on f2” reads as the overlapped measurement gap and the “measurement gaps” reads as the NCSG within the context of pars. 0101-0103, teaches the wireless device indicates whether measurement gaps will be configured for the first and the second sets of resources prior to receiving the DMTC occasions).
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize one configured NCSG overlaps with a configured measurement gap of the UE, and wherein the UE receives a signal indicating priority information for the overlapped measurement gap and the NCSG, as disclosed by Siomina with the combination of Zheng and Jin. The motivations for doing so would be to provide one or more technical advantages (i.e. meet the timing requirements for performing the measurements). (see Siomina par. 0059)
However, the combination of Zheng, Jin, and Siomina explicitly fails to disclose, the UE receives a radio resource control (RRC) signal indicating priority information.
Miao disclosed apparatus, systems, and methods for a radio resource control (RRC) signal, so Miao is analogous to Zheng. Furthermore, Miao teaches the UE receives a radio resource control (RRC) signal indicating priority information the overlapped measurement gap (pars. 0076-0086, teaches the configuration through RRC signaling, the network device may determine a parameter of configured grant as the indication information, which indicates that the channel has a higher or lower priority than the measurement gap and the user equipment performs the channel transmission at the overlapping position when the channel overlaps with the measurement gap. Furthermore, par. 0018, teaches the network device configures the indication information for the user equipment through RRC signaling, which reads as the UE receives the RRC signaling. Par. 0013, teaches Radio Resource Control (RRC)).
Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the invention to utilize the UE receives a radio resource control (RRC) signal indicating priority information, as disclosed by Miao with the combination of Zheng, Jin, and Siomina. The motivations for doing so would be to ensure the UE can get the better quality of service. (see Miao par. 0006)
Allowable Subject Matter
Claim 4-6, 11, and 15-17 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Examiner respectfully notes U.S. Pub. No. 20210410024 to Tang et al. as disclosing the newly-amended portions. Tang et al. teaches sending a UE network controlled small gap (NCSG) capability report to the wireless network (fig. 4 and par. 0021, teaches using a network controlled small gap (NCSG), the UE 110 may indicate is measurement gap capability to the network 110, and the network 100 may configure the UE 110 to utilize a selected NCSG pattern).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TRACY LAUREN RAIMONDO/Examiner, Art Unit 2474
/Michael Thier/Supervisory Patent Examiner, Art Unit 2474