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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 19-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because Computer-readable medium should be “non-transitory”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 8-14 and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang et al PG PUB 2025/0392939.
Re Claims 1, 10 and 19, Huang et al teaches when a BWP switch occurs resulting in status change of pre-configured measurement gap of a pre-MG activation procedure [0064 0065]; the UE (a memory, processor and CRM) determines whether at least one pre-configured measurement gap and concurrent measurement gap overlaps [0066 0097] and in response to overlapping, use an extended pre-measurement gap (a pre-MG activation delay) after at least one of the pre-configured measurement gap and performing the pre-MG activation procedure.
Re Claims 2, 11, 20, Huang et al teaches the BWP switching procedure [0064].
Re Claims 3, 12, Huang et al teaches the overlapping gap is a measurement gap, a NCSG [0055].
Re Claims 4, 5, 13, 14, Huang et al teaches the Activation of Pre-MG takes effect from the first complete MG occasion after an activation delay (an initial pre-configured activation delay), the UE determines whether the Pre-MG is within a gap occasion (collides or overlaps; collision period) based on the end of the activation delay [0064].
Re Claims 8, 9, 17, 18, Huang et al teaches when overlapping of collision is not determined, the UE continues measurement within the pre-MG (the overlapping gap) [0064].
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 6, 7, 15, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al PG PUB 2025/0392939.
Re Claims 6, 15, Huang et al teaches the UE finished pre-configured activation within 5ms (the initial pre-configured activation delay) after the completion of the activation [0065 0066] and if the of the activation of the Pre-MG within a gap occasion, collision or overlapped is determined. Huang et al fails to explicitly teach “within less than or equal to 4ms in time…”. However, one skilled in the art would have realized when the Pre-MG occurs prior to 5ms (within less than or equal to 4ms in time) collision or overlapping would have occurred. One skilled in the art would have been motivated to been configured the determination of the collision or overlapping less than or equal to 4ms to enable status change and extending the pre-measurement gap activation delay [0097]. Therefore, it would have been obvious to one skilled to have configured the determination of the collision or overlapping with the 5 ms or less than or equal to 4ms in time.
Re Claims 7, 16, Huang et al teaches based on determined collision or overlapping of the pre-MG activation procedure, the pre-measurement gap activation delay is extended (the pre-MG activation procedure is delayed) after the activation of the configured measurement gap [0097 0110] but fails to explicitly teach “until 5 ms after the end of the overlapping gap.”. However, one skilled in the art would have been motivated to have configured the delayed “until 5 ms after the end of the overlapping gap” or to any configured value as long as the configured delay mitigates for the same collision or overlapping. Therefore, it would have been obvious to one skilled to have configured the delayed until 5ms after the end of the overlapping gap.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW LEE whose telephone number is (571)272-3130. The examiner can normally be reached Monday-Friday 8:30AM-5PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KASSIM KHALAD can be reached at 571-270-3770. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW LEE/ Primary Examiner, Art Unit 2475
Prosecution Insights