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 amended claims 1, 4-10, 12, 15, 16 and 19.
Status of claims:
Claims 1-20 are pending in this office action.
Response to Arguments
Applicant's arguments filed 1/28/26 have been fully considered but they are not persuasive. Applicant suggest.D1 fails to teach "perform the at least one measurement based on the indication" where paragraph 229 of D1 "[a]t S508, the SIB read operation I paging
operation I measurement operation is between the MUSIM UE[100] and the second network apparatus [200b])." However, S508 occurs before S510. Therefore, D1 cannot disclose "perform the at least one measurement based on the indication" based on the Office Action's mapping of "the indication" to S510 .
Examiner respectfully disagree. D1 teaches (paragraph 0165, i.e. the network prepares a suitable gap pattern in accordance with the measurement resources configuration/availability and configure for the MUSIM UE (100) through RRC reconfiguration message. Gap configuration includes at least one of the following: [0166] a) Gap start/offset, [0167] b) Gap length/duration, [0168] c) GAP pattern e.g., repetition pattern, and [0169] d) GAP configuration identity or GAP identity, see paragraph 0173 and 0174,i.e. The MUSIM UE (100) and/or network configure the MUSIM gap pattern in accordance with the measurement configuration. The UE, therefore, performs measurement operations during intermittent occasions for MUSIM gap. [0174] b) The MUSIM UE (100) performs measurement operations during intermittent occasions for MUSIM gap (as per measurement configurations). Applicant suggests based on the release of gap info with gap index, where it’s a deletion command as opposed to indication, according to examiner’s mapping. Examiner interprets that D1 not only sites switching gap release but also sites switching gap information where gaps length maybe larger than previously on a first or second network, where examiner is not necessarily emphasizing the switching gap release portion of the D1 reference. Therefore, the 102 rejection of D1 will be maintained for claims 1-9, 11-13 and 15-20 and even with amended claim language “perform the at least one measurement based on the indication”.
Claim Rejections - 35 USC § 102
6. 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
7. Claim(s) 1-9, 11-13 and 15-20 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Shrivastava et al. (US20240196195) (hereinafter D1).
Per claim 1. D1 discloses An apparatus for wireless communication at a user equipment (UE), comprising: at least one memory; and at least one processor coupled to the at least one memory and, based at least in part on stored information that is stored in the at least one memory, the at least one processor (paragraph 209, Fig 3, i.e. musim 100, processor and memory), is configured to cause the UE to: receive, from a network entity, a configuration of at least one measurement associated with a gap length, a gap periodicity, and a gap offset (paragraph 0165-0169, i.e. the network prepares a suitable gap pattern in accordance with the measurement resources configuration/availability and configure for the MUSIM UE (100) through RRC reconfiguration message. Gap configuration includes at least one of the following: [0166] a) Gap start/offset, [0167] b) Gap length/duration, [0168] c) GAP pattern e.g., repetition pattern, and [0169] d) GAP configuration identity or GAP identity) ;transmit, to the network entity, UE assistance information (UAI) comprising a request for a first value for the gap length, a second value for the gap periodicity, or a third value for the gap offset (paragraph 0170, i.e. Support for intermittent measurements during MUSIM gap is indicated by network in configuration message (e.g., RRC reconfiguration messaged) and/or support for measurement capability during MUSIM gap is informed to the network by the UE capability and/or the UE assistance information message and paragraph 0211, e MUSIM coordinated gap controller (140) is configured to send the UE assistance information message comprising the requested switching gap information to the first network apparatus (200a) in response to determining that the switching gap is required. ;receive, from the network entity, an indication associated with the first value for the gap length, the second value for the gap periodicity, or the third value for the gap offset (paragraph 0211, i.e. receive the MUSIM gap configuration comprising configured gap information from the first network apparatus (200a). The configured gap information can be, for example, but not limited to a configured gap index, a configured gap offset, a configured gap repetition, a configured periodic gap length, a configured aperiodic gap starting System Frame Number (SFN) and starting sub-frame, and a configured aperiodic gap length. In an embodiment, the MUSIM coordinated gap controller (140) is configured to determine at least one of a periodic gap length, an aperiodic gap length, a gap index, a gap offset, and a gap repetition based on a specified gap length associated with the second network apparatus; and perform the at least one measurement based on the indication. (paragraph 0172, i.e. The MUSIM UE (100) and/or network configure the MUSIM gap pattern in accordance with the measurement configuration. The UE, therefore, performs measurement operations during intermittent occasions for MUSIM gap. [0174] b) The MUSIM UE (100) performs measurement operations during intermittent occasions for MUSIM gap (as per measurement configurations)).
Per claim 2, D1 discloses the apparatus of claim 1, wherein the configuration of the at least one measurement comprises a fourth value for the gap length, a fifth value for the gap periodicity, or a sixth value for the gap offset, wherein the first value is different from the fourth value, the second value is different from the fifth value, and the third value is different from the sixth value( examiner interprets that the provision of gap length, periodicity and offset parameters in the measurement configuration which are changed and modified according to a subsequent UAI, refer to see paragraph210 and 211, the MUSIM UE (100) sends the UE assistance information message (e.g., requested switching gap info - length, gap index, gap offset, gap repetition) to the first network apparatus (200a), interpreted where the network makes requested switching gap changes or modifications per the UAI or network conditions or events where the for first value maybe different from a fourth value based on measurements.
Per claim 3, D1 discloses the apparatus of claim 1, wherein at least one of the first value, the second value, or the third value is based on a mobility condition or a channel condition of the UE (paragraph 244, i.e. At S1104, the UE (100) determines at least one of the following events on the first network apparatus (200a) or the second network apparatus (100b). The event can be, for example, but not limited to a change of paging configuration, cell reselection happens, handover occurs, change of UE identity, Change of RRC state UE (100) informs the first network apparatus (200a) and/or also requests for new gap configuration and/or switching notification/request. At S1106, the UE [100] triggers for a new MUSIM gap configuration including addition, release or modification).
Per claim 5, refer to the same rationale as explained in claim 1 and 2, Both, the explicit provision of updated measurement gap patterns or the provision of a confirmation/approval of the requested updated parameters are considered as obvious measures, where updated parameter include disable or deactivating or performing other measurements for an outcome as it relates to the UAI.
Per claim 6, refer to the same rationale as explained in claim 1 and 2, Both, the explicit provision of updated measurement gap patterns or the provision of a confirmation/approval of the requested updated parameters are considered as obvious measures.
Per claim 7, refer to the same rationale as explained in claim 1 and 2, Both, the explicit provision of updated measurement gap patterns or the provision of a confirmation/approval of the requested updated parameters are considered as obvious measures.
Per claim 8, D1 discloses the apparatus of claim 1, wherein the indication does not provide the first value for the gap length, the second value for the gap periodicity, or the third value for the gap offset, or indicates a denial of the request (paragraph 217.i.e. SCell or a SCG activation or deactivation or release based on at least one of a data rate, a priority of service, data inactivity, power saving requirement for a first SIM associated with the first network apparatus (200a), and wherein to perform the at least one measurement, the at least one processor, is configured to cause the UE to: perform the at least one measurement based on a fourth value for the gap length, a fifth value for the gap periodicity, or a sixth value for the gap offset, wherein the first value is different from the fourth value, the second value is different from the fifth value, and the third value is different from the sixth value (examiner interprets that if indication is not provided or denial of request is based on possibly deactivation based on other activities such as higher priorities, processing capabilities or data inactivity on the MUSIM UE).
Per claim 9, D1 discloses the apparatus of claim 1, wherein the at least one processor (paragraph 26, processor), is further configured to cause the UE to: start a timer upon a transmission of the UAI; and based on lack of reception of the first value for the gap length (paragraph 214, i.e. In an embodiment, the action comprises stop at least one of the Tx-Rx related timer, the QoS related timer, and the mobility related timer at a beginning of the switching gap, and start or restart at least one of the Tx-Rx related timer, the QoS related timer, and the mobility related timer at an end of the switching gap) the second value for the gap periodicity, or the third value [refer to rationale discussed in claim 2 regarding second and third value] for the gap offset in the indication before the timer expires, perform the at least one measurement based on one or more virtual gaps (paragraph 214, i.e. In another embodiment, the action comprises continue to run at least one of the Tx-Rx related timer, the QoS related timer, and the mobility related timer during the switching gap, hold any resultant action until the switching gap end when at least one of the Tx-Rx related timer, the QoS related timer, and the mobility timer expires during the switching gap and start or restart at least one of the Tx-Rx related timer, the QoS related timer, and the mobility related timer at an end of the switching gap and see paragraph 215 and 216, Further, the MUSIM coordinated gap controller (140) is configured to detect an initiation of the switching gap to perform the MUSIM activities on the second network apparatus (200b). Further, the MUSIM coordinated gap controller (140) is configured to perform intermittent Rx operation and at least one of measurements and CSI evaluation during the switching gap in accordance with resources as configured by the first network apparatus 200a).
Per claim 11, D1 discloses the apparatus of claim 1, wherein the request is for an aperiodic gap and the UAI does not include the second value for the gap periodicity, and wherein the UAI further comprises a starting position associated with the aperiodic gap (paragraph 211, i.e. Further, the MUSIM coordinated gap controller (140) is configured to send the MUSIM UE assistance information message comprising the requested switching gap information to the first network apparatus (200a), wherein the requested switching gap information comprises at least one of the determined periodic gap length, the determined aperiodic gap starting System Frame Number (SFN) and starting sub-frame, the determined aperiodic gap length, the determined gap index, the determined gap offset, and the determined gap repetition, in paragraph 212, it's is determined that a switching gap is not required which includes periodic gap length as releases switching gap information of the network apparatus 200a ).
Per claim 12, D1 discloses the apparatus of claim 11, wherein the at least one processor (paragraph 26, processor), is further configured to cause the UE to: perform the at least one measurement based on the aperiodic gap (paragraph 211, aperiodic gap starting system frame number); and based on a result of the at least one measurement (paragraph 216 and 217, i.e. Further, the MUSIM coordinated gap controller (140) is configured to report measurement results and CSI feedback to the first network apparatus (200a) by performing intermittent Tx operation during the switching gap in accordance with the reporting configuration provided by the first network apparatus200a), transmit a second UAI comprising a second request for a fourth value of the gap periodicity (paragraph 219, i.e. Further, the MUSIM coordinated gap controller (140) is configured to trigger a switching gap request for a new MUSIM gap configuration[ where switching gap request may include gap periodicity and the fourth value is based on measurements of the second network) or a release of MUSIM gap configuration or a modification of MUSIM gap configuration.
Per claim 13, D1 discloses the apparatus of claim11, wherein the request is for the aperiodic gap is based on a change of a mobility state, a channel condition, or a signal condition of the UE (paragraph 209, when a switching gap is required it includes aperiodic and periodic gap, where it may be determined that aperiodic gap is associated with second network see paragraph 214, i.e. the switching gap is initiated to perform the activities on the second network apparatus (200b). MUSIM coordinated gap controller (140) is configured to manage at least one of a Transmission (Tx)-Reception (Rx) related timer, a Quality of Service (QoS) related timer, and a mobility related timer in response to detecting the initiation of the switching gap).
Per claim 15, D1 discloses the apparatus of claim 11, wherein discloses the at least one processor (paragraph 26), processor), is further configured to cause the UE to: prior to a reception of the configuration (paragraph 0170, i.e. Support for intermittent measurements during MUSIM gap is indicated by network in configuration message (e.g., RRC reconfiguration messaged) and/or support for measurement capability during MUSIM gap is informed to the network by the UE capability and/or the UE assistance information message and paragraph 0211, e MUSIM coordinated gap controller (140) is configured to send the UE assistance information message comprising the requested switching gap information to the first network apparatus (200a)).
Per claim 16, refer to the same rationale as explained in claim 1.
Per claim 17, refer to the same rationale as explained in claim 2.
Per claim 18, refer to the same rationale as explained in claim 3.
Per claim 19, refer to the same rationale as explained in claim 1, paragraph 0104, Fig 13, transceivers 1322 receiving form network entity 1302, similar rationale for transmitting to the network entity, refer to paragraph 0105 ,Fig 13, Application and Cellular processor, ref. 1306 and 1324, have a measuring component, ref, 198 to perform measurements, also refer to figure 3.
Per claim 20, refer to the same rationale as explained in claim 3, paragraph 0104, Fig 13, transceivers 1322 receiving form network entity 1302.
Claim Rejections - 35 USC § 103
8.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.
9. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of (WO2023/133303) Tao et al. (hereinafter D2).
Per claim 14, D1 discloses the apparatus of claim 11, but fails to discloses wherein the request is based on a performance of a terrestrial network (TN) coverage condition associated with the UE being below a threshold in a presence of non-terrestrial network (NTN) coverage.
In an analogous field of endeavor, D2 discloses wherein the request is based on a performance of a terrestrial network (TN) coverage condition associated with the UE being below a threshold in a presence of non-terrestrial network (NTN) coverage (paragraph 0086, i.e. Subsequently to using 810 and 812 the gaps, the UE 102 detects 818 that it has moved a distance greater than a certain distance threshold value, which the UE 102 can receive as part of a measurement configuration from the gNB 104 and the UE 102 then transmits 724 UE assistance information to the gNB 104, to report the current location of the UE 102 or to report the propagation delay between the UE 102 and a relevant satellite (which can be any satellite the UE 102 observes at its current location).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of D2 into the invention of D1, where D1 provides a 5G or 6G communication system for supporting a higher data transmission rate. Embodiments herein provide method for link management for MUSIM UE (100) performing coordinated gaps and D2 provides A user equipment (UE) receives (708), from a non-terrestrial network (NTN), a measurement configuration that indicates a timing pattern for inter-frequency measurement, the timing pattern having a
measurement gap of a certain duration in order to provide a better quality of service by utilizing synchronization signal which adjust gradual timing misalignments, when the propagation delay between a non-serving satellite and the UE effectively moves relative to the time pattern that the serving satellite established, see D1 paragraphs 0010, 0011 and 0086.
Allowable Subject Matter
10. Claim10 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.
The following is a statement of reasons for the indication of allowable subject matter: It's interpreted, the prior art of record either singularly or in proper combination fails to teach wherein further configured to cause the UE to: open the one or more virtual gaps by setting a channel quality indicator (CQI) as zero; and transmit an indication of a capability associated with the one or more virtual gaps.10.
Conclusion
11.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.
12.Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH E DEAN, JR whose telephone number is (571)270-7116. The examiner can normally be reached Mon-Fri 7:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Slater can be reached at 571-270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH E DEAN, JR/ Primary Examiner, Art Unit 2647
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