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 .
Response to Arguments
The response filed on 05/28/2026 has been entered and made of record.
Applicant elects Invention II, claims 6-11 and 16-20.
Claims 6-11 and 16-20 are currently pending.
Response to Election/Restrictions
Applicant's election with traverse of claims 6-11 and 16-20 in the reply filed on 05/28/2026 is acknowledged. The traversal is on the ground(s) that the inventions related as subcombinations disclosed as usable together in a single combination . This is not found persuasive because the subcombinations are different and separately usable.
The requirement is still deemed proper and is therefore made FINAL.
1. Invention I
a. Claims: 1-5, drawn to a method for measurement gap pattern configuration; claim 12-15 drawn to a network-side device
b. Classified under H04W24/10
Claim 1 Distinct Features
Claim 6 Non overlapping claim elements
grouping, by a network-side device, measuring objects for a terminal to obtain a grouping result;
receiving, by a terminal, a first message transmitted by a network-side device, wherein the first message carries a grouping result and a measurement gap pattern corresponding to each different group, the grouping result referring to division of measuring objects for the terminal into different groups; and
configuring, by the network-side device, a corresponding measurement gap pattern for each different group; and
determining, by the terminal, a performance indicator associated with the measurement gap pattern.
transmitting, by the network-side device, a first message to the terminal, wherein the first message carries the grouping result and the measurement gap pattern corresponding to each different group.
c. Claim 1 recites the distinct features of:
“…grouping, by a network-side device, measuring objects for a terminal to obtain a grouping result; …”
“…configuring, by the network-side device, a corresponding measurement gap pattern for each different group; …”
“…transmitting, by the network-side device, a first message to the terminal, wherein the first message carries the grouping result and the measurement gap pattern corresponding to each different group …”
2. Invention II
a. Claims: 6-11, drawn to a method for performance indicator determination; claim 16-20 drawn to a terminal
b. Classified under H04L5/0053
Claim 6 Distinct Features
Claim 1 Non overlapping claim elements
receiving, by a terminal, a first message transmitted by a network-side device, wherein the first message carries a grouping result and a measurement gap pattern corresponding to each different group, the grouping result referring to division of measuring objects for the terminal into different groups; and
grouping, by a network-side device, measuring objects for a terminal to obtain a grouping result;
determining, by the terminal, a performance indicator associated with the measurement gap pattern.
configuring, by the network-side device, a corresponding measurement gap pattern for each different group; and
transmitting, by the network-side device, a first message to the terminal, wherein the first message carries the grouping result and the measurement gap pattern corresponding to each different group;
c. Claim 6 recites the distinct features of:
a. “…receiving, by a terminal, a first message transmitted by a network-side device, wherein the first message carries a grouping result and a measurement gap pattern corresponding to each different group, the grouping result referring to division of measuring objects for the terminal into different groups; and …”
b. “…determining, by the terminal, a performance indicator associated with the measurement gap pattern.”
There may be a common technical feature of using measurement gap pattern, but the second reference (Ng et al. US 2015/0092768 A1) discloses measurement gap pattern which are not a special technical feature. The special technical feature would be the claim limitations of “the grouping result referring to division of measuring objects for the terminal into different groups” for determining a performance indicator associated with the measurement gap pattern.
The inventions I and II are independent or distinct from each other because Inventions I and II relate to subcombinations disclosed as usable together in a single combination. The subcombinations are distinct if they do not overlap in scope and are not obvious variants, and if it is shown that at least one subcombination is separately usable.
Invention I possess a separate utility from Invention II. For example, claim 1 states, "... grouping, by a network-side device, measuring objects for a terminal to obtain a grouping result; ...", "configuring, by the network-side device, a corresponding measurement gap pattern for each different group; ...", “…transmitting, by the network-side device, a first message to the terminal, wherein the first message carries the grouping result and the measurement gap pattern corresponding to each different group; …”.
On the other hand, Invention II possess a separate utility from Invention I. For instance, claim 6 states, "... receiving, by a terminal, a first message transmitted by a network-side device, wherein the first message carries a grouping result and a measurement gap pattern corresponding to each different group, the grouping result referring to division of measuring objects for the terminal into different groups; and
determining, by the terminal, a performance indicator associated with the measurement gap pattern.”
Claims 1 and 12 features fail to overlap with claim 6 features because the distinct features of claim 1, which include grouping, by a network-side device, measuring objects for a terminal to obtain a grouping result; configuring, by the network-side device, a corresponding measurement gap pattern for each different group; transmitting, by the network-side device, a first message to the terminal, wherein the first message carries the grouping result and the measurement gap pattern corresponding to each different group. Differing drastically, claim 6 features of receiving, by a terminal, a first message transmitted by a network-side device, wherein the first message carries a grouping result and a measurement gap pattern corresponding to each different group, the grouping result referring to division of measuring objects for the terminal into different groups; and determining, by the terminal, a performance indicator associated with the measurement gap pattern. Inventions I and Inventions II fail to overlap and fail to be obvious variants of each other because dependent claims 2-5, tied to independent claim 1, recite configuring a corresponding measurement gap pattern. Tied to claim independent claim 6, dependent claims 7-11 recite the distinct features of determining a performance indicator.
Although claim 1 recites "... configuring, by the network-side device, a corresponding measurement gap pattern for each different group", claim 6 describes measurement with "... determining, by the terminal, a performance indicator associated with the measurement gap pattern." The limitation of claim 6 describe functions of indicator without explicitly stating measurement gap pattern. However, "... a carrier-specific scaling factor (CSSF) corresponding to each measuring object in a first group based on a measurement gap pattern corresponding to the first group..." as stated in dependent claim 7 may be used in determining the performance indicator based on the CSSF as stated in US 11570649 B2.
Therefore, the inventions are separately usable and the restriction is still proper. See MPEP § 806.05(d).
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/18/2025 and 10/11/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 6-8, 10 and 16-20 are objected to because of the following informalities:
In claim 6 lines 6, the occurrence of “a performance indicator” should be amended to ----“the performance indicator”---
In claim 7 lines 1-2, the occurrence of “a performance indicator” should be amended to ----“the performance indicator”---
In claim 8 lines 4, the occurrence of “a gap” should be amended to ----“the gap”---
In claim 10 lines 3, the occurrence of “a gap value” should be amended to ----“the gap value”---
In claims 16-20 lines 1, the occurrence of “A terminal” should be amended to ----“The terminal”---
Appropriate correction is required.
Claim Objections
Claims 16-20 are also objected to because of the following informalities:
The step a terminal of claim 16 is depending on claim 6. The step a terminal of claim 17 is depending on claim 7. The step a terminal of claim 18 is depending on claim 8. The step a terminal of claim 19 is depending on claim 9. The step a terminal of claim 20 is depending on claim 11. It is improper to have one independent claim reciting the same steps from another independent claim. See MPEP 608.01. Appropriate correction is required.
For the purpose of examinations, the examiner will interpret the claim(s) as best understood.
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 of this title, 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 6-11 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. [hereinafter as Huang], US 2019/0306734 A1 in view of Ng et al. [hereinafter as Ng] US 2015/0092768 A1.
Regarding claim 6, Huang discloses wherein a performance indicator determining method (Fig.1-2&9 [0048][0117]-[0121], a performance requirement indicator determining method for a measurement gap pattern), comprising:
receiving, by a terminal, a first message transmitted by a network-side device, wherein the first message carries a grouping result and a measurement gap pattern corresponding to each different group, the grouping result referring to division of measuring objects for the terminal into different groups (Fig.1&9 [0117]-[0121], step S910 a UE terminal is receiving a measurement configuration 140 i.e., a first message transmitted by a base station 120 of serving cell 130/network-side device, the measurement configuration can indicate a set/group of frequency layers (MOs) each configured with SMTC occasions and a measurement gap pattern including a sequence of gap occasions, each gap occasion may observe different numbers and different types of candidate measurement objects (MOs) and Fig.3 [0050]-[0057], the gap occasions 305 can first be grouped according to the gap occasion patterns, the gap occasions 311, 321, 331, 341 can form a first group corresponding to the gap occasions pattern I and the alternative group of the gap occasions pattern II of each group scheduled in sequential way as a resultant group to the measuring objects and Fig.3 [0101][0109], grouping of measuring objects into a first group of inter-frequency/inter-RAT MOs {F71, F72, F73} and a second group of intra-frequency MOs {F71, F72, F73} i.e., different groups for the UE terminal); and
determining, by the terminal, a performance indicator associated with the measurement gap pattern (Fig.9 [0117]-[0121], steps S920-S930 the UE terminal is determining a measurement delay (or period) associated with the measurement gap pattern including a sequence of gap occasions, the measurement configuration is indicating a performance measurements of the MOs periodically in an event-triggered manner or the like and Fig.2&4 [0048][0062], performance requirement indicator of the measurement delay is determined associated with the measurement gap occasion pattern).
Even though Huang discloses wherein determining, by the terminal, a performance indicator associated with the measurement gap pattern, in the same field of endeavor, Ng teaches wherein determining, by the terminal, a performance indicator associated with the measurement gap pattern (Fig.19&23 [0185][0216], the UE 116 terminal is determining a performance indicator associated with the measurements gap pattern 2305, the UE 116 performs the sampling every Tgap is 2315, where Tgap is derived from a configured measurement gap pattern 2305 and Fig.12&13A-B&21 [0120][0157][0201], measurement configuration e.g., measurement results and measurement objects are configured for different groups of transmission points).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide to have modified Huang to incorporate the teaching of Ng in order to provide for improved measurement accuracy.
It would have been beneficial to use the UE 116 terminal which is determining a performance indicator associated with the measurements gap pattern 2305, the UE 116 performs the sampling every Tgap is 2315, where Tgap is derived from a configured measurement gap pattern 2305 and, measurement results and measurement objects are configured for different groups of transmission points as taught by Ng to have incorporated in the system of Huang to provide for improving a detection performance, detection probability and a measurement accuracy. (Ng, Fig.12&13A-B&21 [0120], Fig.13A-B [0157], Fig.21 [0201], Fig.17 [0180] and Fig.19&23 [0185][0216]).
Regarding claim 7, Huang and Ng disclose all the elements of claim 6 as stated above wherein Huang further discloses the determining, by the terminal, a performance indicator associated with the measurement gap pattern comprises:
determining, by the terminal, a carrier-specific scaling factor (CSSF) corresponding to each measuring object in a first group based on a measurement gap pattern corresponding to the first group, wherein the first group is any group in the grouping result (Fig.1-2 [0085]-[0087][0119], a carrier-specific scaling factor (CSSF) can be determined corresponding to each measuring object in a first group of the two groups based on a measurement gap pattern corresponding to the first group); and
determining, by the terminal, the performance indicator based on the CSSF (Fig.1-2 [0047]-[0048], determining the performance requirement indicator based on the carrier-specific scaling factor).
Regarding claim 8, Huang and Ng disclose all the elements of claim 6 as stated above wherein Huang further discloses the grouping result comprises:
measuring objects corresponding to a gap value set that meets a target condition being divided into one group (Fig.5 [0077]-[0080][0083], multiple measuring objects (MOs) corresponding to a gap sharing value X that meets a target condition being divided into one group); and
each measuring object corresponding to a gap value set that does not meet the target condition being divided into a separate group (Fig.5 [0077]-[0080][0083], multiple measuring objects (MOs) corresponding to a gap sharing value 1-X that does not meet a target condition being divided into separate group).
Regarding claim 9, Huang and Ng disclose all the elements of claim 8 as stated above wherein Huang further discloses the gap value set refers to a gap value set, for any two of the measuring objects, determined based on a gap and offset of samples of a measuring object of the terminal (Fig.3-4 [0053][0058]-[0060], the gap sharing value set refers to a gap sharing value set, for any two of the measuring objects e.g., candidate MO C and candidate MO B, determined based on a gap and offset of samples of a measuring object (MO) of the UE terminal; Fig.1 [0036], Fig.2 [0044], Fig.4-5 [0063]-[0072]).
Regarding claim 10, Huang and Ng disclose all the elements of claim 9 as stated above wherein Huang further discloses the gap value set for any two of the measuring objects comprises:
a gap value for any two adjacent samples corresponding to different measuring objects among a plurality of samples corresponding to any two of the measuring objects (Fig.3-4 [0055][0058]-[0060], a gap sharing value for any two adjacent number of samples corresponding to multiple MOs measuring objects among a plurality of samples corresponding to any two of the measuring objects; Fig.1 [0036], Fig.2 [0044], Fig.4-5 [0063]-[0072]).
Regarding claim 11, Huang and Ng disclose all the elements of claim 8 as stated above wherein Huang further discloses the target condition comprises:
the gap value set containing a gap value of 0, and all non-zero gap values being integer
multiples of a minimum gap value, wherein the minimum gap value is the smallest non-zero gap value in the gap value set (Fig.5-6 [0058]-[0060][0074], the gap sharing value set containing a gap value of 0, and all non-zero gap values being integer multiples of a minimum gap sharing value, wherein the minimum gap sharing value is the smallest non-zero gap value in the gap value set; Fig.1-3 [0045][0050], Fig.8 [0080][0083]).
Regarding claim 16, Huang and Ng disclose wherein a terminal, comprising a processor, a memory, and a program or instructions stored in the memory and executable on the processor, wherein when the program or instructions are executed by the processor, steps of the method according to claim 6 are implemented (Fig.1&10 [0029][0122]-[0124], user equipment (UE) 110, comprising processing circuitry 1010, a memory 1020, and a program or instructions stored in the memory 1020 and executable on the processing circuitry 1010/CPU processor, wherein when the program or instructions are executed by the processing circuitry 1010/CPU processor, steps of the method according to claim 6 are implemented).
Regarding claim 17, Huang and Ng disclose wherein a terminal, comprising a processor, a memory, and a program or instructions stored in the memory and executable on the processor, wherein when the program or instructions are executed by the processor, steps of the method according to claim 7 are implemented (Fig.1&10 [0029][0122]-[0124], user equipment (UE) 110, comprising processing circuitry 1010, a memory 1020, and a program or instructions stored in the memory 1020 and executable on the processing circuitry 1010/CPU processor, wherein when the program or instructions are executed by the processing circuitry 1010/CPU processor, steps of the method according to claim 7 are implemented).
Regarding claim 18, Huang and Ng disclose wherein a terminal, comprising a processor, a memory, and a program or instructions stored in the memory and executable on the processor, wherein when the program or instructions are executed by the processor, steps of the method according to claim 8 are implemented (Fig.1&10 [0029][0122]-[0124], user equipment (UE) 110, comprising processing circuitry 1010, a memory 1020, and a program or instructions stored in the memory 1020 and executable on the processing circuitry 1010/CPU processor, wherein when the program or instructions are executed by the processing circuitry 1010/CPU processor, steps of the method according to claim 8 are implemented).
Regarding claim 19, Huang and Ng disclose wherein a terminal, comprising a processor, a memory, and a program or instructions stored in the memory and executable on the processor, wherein when the program or instructions are executed by the processor, steps of the method according to claim 9 are implemented (Fig.1&10 [0029][0122]-[0124], user equipment (UE) 110, comprising processing circuitry 1010, a memory 1020, and a program or instructions stored in the memory 1020 and executable on the processing circuitry 1010/CPU processor, wherein when the program or instructions are executed by the processing circuitry 1010/CPU processor, steps of the method according to claim 9 are implemented).
Regarding claim 20, Huang and Ng disclose wherein a terminal, comprising a processor, a memory, and a program or instructions stored in the memory and executable on the processor, wherein when the program or instructions are executed by the processor, steps of the method according to claim 11 are implemented (Fig.1&10 [0029][0122]-[0124], user equipment (UE) 110, comprising processing circuitry 1010, a memory 1020, and a program or instructions stored in the memory 1020 and executable on the processing circuitry 1010/CPU processor, wherein when the program or instructions are executed by the processing circuitry 1010/CPU processor, steps of the method according to claim 11 are implemented).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tang et al. (U.S Patent No.: US 11570649 B2) teaches Techniques for Gap-based Feedback Measurement in New Radio Wireless Cellular Network.
Yiu et al. (Pub. No.: US 2018/0227785 A1) teaches Measurement Gap Repetition Patterns for Inter-Frequency Offloading in Heterogeneous Wireless Networks.
Cui et al. (Pub. No.: US 2019/0342801 A1) teaches Configuration of Multiple Measurement Gap Patterns.
Zheng et al. (Pub. No.: US 2022/0174623 A1) teaches Measurement Method and Apparatus.
Cui et al. (U.S Patent No.: US 12238559 B2) teaches Measurement Gap Pattern Use and Management for Wireless Communication Systems.
Axmon et al. (Pub. No.: US 2021/0014752 A1) teaches Determining Measurement Period Scaling for Measurement Gaps in 5G/NR.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VANNEILIAN LALCHINTHANG whose telephone number is (571)272-6859. The examiner can normally be reached Monday-Friday 10AM-6PM.
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/V.L/Examiner, Art Unit 2414
/EDAN ORGAD/Supervisory Patent Examiner, Art Unit 2414
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