Detailed Action
The office action is in response to the communications filed on 09/09/2026.
Notice of 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 .
Claims Status
Claims 1, 3, 15, 22, 26, and 29 have been amended.
Claims 1-30 are pending in this application.
Prior Art Made of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kazmi et al. (Publication No. US 2024/0349097), the prior art discloses measurement gap cancellation is provided along with rules that determine wireless device measurement behavior when the measurement gaps are cancelled; see ¶ 26.
Response to Arguments
35 U.S.C. 103
Regarding Claim 1, Applicant remarks, filed on 03/23/2026, argues that the cited portion of the prior art, individually or in combination, fails to discloses the features in claim 1, specifically those pertaining to the act of “receive an indication of a configuration for a plurality of measurement occasions, a single parameter indicating a first quantity of measurement occasions of a first subset of the plurality of measurement occasions for performing measurements and a second quantity of measurement occasion of a second subset of the plurality of measurement occasions for communication of data ”. Examiner agrees with Applicant that the cited portion of the prior art failed to disclose the new features of claim 1. However, a new ground of rejection necessitated by the claim amendments is set forth below. The new ground of rejection recites that “the terminal device receives an indication information, where the indication information indicates to configure at least one measurement gap (MG) [measurement occasions], and the indication information includes a priority parameter of each MG, and a threshold [single parameter] associated with the multiple MG; see figure 4 step 410 & ¶ 174. For example, if the terminal device configures five MGs, gapPriority-r17 of the five MGs are configured as a value2, a value3, a value4, a value5, and a value6, respectively; see ¶ 192. If value2>value3>value4>vale5>value6, when threshold (e.g. gapPriorityThreshold) is the value4, it may be determined that two MGs whose gapPriority-r17 are configured as the value 2 and the value 3 have high priorities, and two MGs whose gapPriority-r17 are configured as the value 5 and the value 6 have low priorities; see ¶ 192. It has been interpreted that high priority MG corresponds to the first quantity of measurement occasions, and the low priority corresponds to the second quantity of measurement occasions.”. For these reasons discussed above the claim is met by prior art.
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under AIA 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 15, 26, and 29 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Chen et al. (Publication No. US 2025/0159662, hereinafter referred as Chen) in view of Nagaraja et al. (Patent Publication No. US 2019/0021017, hereinafter referred as Nagaraja).
Regarding claims 1 and 26, Chen discloses one or more memories storing processor-executable code (It is inherent that a wireless device includes at least one memory in order to communicate with network node.); and
one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the UE to (It is inherent that the wireless device includes at least one processor, couple to the at least one memory, in order to communicate with the network node.):
receive an indication of a configuration for a plurality of measurement occasions, a single parameter indicating a first quantity of measurement occasions of a first subset of the plurality of measurement occasions for performing measurements and a second quantity of measurement occasions of a second subset of the plurality of measurement occasions for communication of data (The terminal device receives an indication information, where the indication information indicates to configure at least one measurement gap (MG) [measurement occasions], and the indication information includes a priority parameter of each MG, and a threshold [single parameter] associated with the multiple MG; see figure 4 step 410 & ¶ 174. For example, if the terminal device configures five MGs, gapPriority-r17 of the five MGs are configured as a value2, a value3, a value4, a value5, and a value6, respectively; see ¶ 192. If value2>value3>value4>vale5>value6, when threshold (e.g. gapPriorityThreshold) is the value4, it may be determined that two MGs whose gapPriority-r17 are configured as the value 2 and the value 3 have high priorities, and two MGs whose gapPriority-r17 are configured as the value 5 and the value 6 have low priorities; see ¶ 192. It has been interpreted that high priority MG corresponds to the first quantity of measurement occasions, and the low priority corresponds to the second quantity of measurement occasions.);
perform the measurements during the first subset of the plurality of measurement occasions (The terminal device determines, based on the foregoing method for determining whether the MG has a high priority or a low priority, that the MG #1 has a high priority, and determines, based on the method for determining whether the data transmission has a high priority or a low priority, that the data transmission also has a high priority. When the MG #1 overlaps the data transmission in time domain, MG #1 measurement is preferentially performed; see ¶ 208.), and
communicates one or more data messages during one or more time periods that overlap at least partially with the second subset of the plurality of measurement occasions (Similarly, the terminal device determines, based on the foregoing method for determining whether the MG has a high priority or a low priority, that the MG #1 has a low priority, and determines, based on the method for determining whether the data transmission has a high priority or a low priority, that the data transmission has a high priority; see ¶ 212. When the MG #1 overlaps the data transmission in time domain, the data transmission is preferentially performed; see ¶ 212.),
wherein one or more measurements are suppressed during the second subset of the plurality of measurement occasions (The MG is deactivated [suppressed] in order to perform the data transmission; see figure 4 step 422 & ¶ 212.), and
Chen teaches indication information that includes a configuration for the plurality of measurement gaps [measurement occasions] (¶ 174), but fails to explicitly disclose that “the configuration comprises a periodicity of the plurality of measurement occasions”. However, in analogous art, Nagaraja discloses that the configuration of the measurement gaps [measurement occasions] (e.g., configuration of one or more parameters such as measurement gap duration, periodicities, repetitions, etc.) may vary depending on the UE information; see ¶ 7. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen MG configuration with the MG periodicity parameter of Nagaraja in order to ensure that a plurality of measurements can be made at different times.
Regarding claims 15 and 29, Chen discloses one or more memories storing processor-executable code (It is inherent that a network node includes at least one memory in order to communicate with wireless device.); and
one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the network entity to (It is inherent that the network node includes at least one processor, couple to the at least one memory, in order to communicate with the wireless device.):
transmit, to a user equipment (UE), an indication of a configuration for a plurality of measurement occasions, the configuration comprising a parameter indicating first subset the plurality of measurement occasions between for performing measurements and a second subset of the plurality of measurement occasions for communication of data (The terminal device receives an indication information, where the indication information indicates to configure at least one measurement gap (MG) [measurement occasions], and the indication information includes a parameter [metric for sharing] of each MG; see figure 4 step 410 & ¶ 174.); and
communicate one or more data messages with the UE during one or more time periods that overlap at least partially with a subset of the plurality of measurement occasions (When a time domain position of the current data transmission overlaps a time domain position of the MG (e.g. MG#1/MG#2), the terminal device performs data transmission on the MG because the parameter associated with the MG has a lower value than the parameter associated with the data transmission; see figure 4 step 422 & ¶ 212.).
Chen teaches indication information that includes a configuration for the plurality of measurement gaps [measurement occasions] (¶ 174), but fails to explicitly disclose that “the configuration comprises a periodicity of the plurality of measurement occasions”. However, in analogous art, Nagaraja discloses that the configuration of the measurement gaps [measurement occasions] (e.g., configuration of one or more parameters such as measurement gap duration, periodicities, repetitions, etc.) may vary depending on the UE information; see ¶ 7. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen MG configuration with the MG periodicity parameter of Nagaraja in order to ensure that a plurality of measurements can be made at different times.
Claims 2 and 20 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Chen et al. (Publication No. US 2025/0159662, hereinafter referred as Chen) in view of Nagaraja et al. ( Patent Publication No. US 2019/0021017, hereinafter referred as Nagaraja) and further in view of Li et al. ( Patent Publication No. US 2024/0414765, hereinafter referred as Li).
Regarding claims 2 and 20, Chen teaches determining whether to perform reference signal measurement or data transmission based on the priority parameter [metric] included in the indication information (¶ 174), but fails to explicitly disclose that “the parameter comprises a metric for sharing the plurality of measurement occasions between performing measurements and communication of data, the metric comprising a percentage value of the plurality of measurement occasions, a fraction of the plurality of measurement occasions, or any combination thereof”. However, in analogous art, Li discloses that the wireless device is configured to determine a scaling factor [parameter] for at least one measurement gap (MG) [plurality of measurement occasions] in at least one measurement gap pattern (MGP) [periodicity], see figure 13 step 142 & ¶ 201. The scaling factor indicates a proportion of MGs to measure, wherein the proportion of MGs refers to a percentage; see ¶ 45. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen by replacing the priority parameter with the scaling factor of Li in order to enable a dynamic configuration of the measurement gaps.
Claims 3, 11, 14, and 21-23 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Chen et al. (Publication No. US 2025/0159662, hereinafter referred as Chen) in view of Nagaraja et al. ( Patent Publication No. US 2019/0021017, hereinafter referred as Nagaraja) and further in view of Cui et al. ( Patent Publication No. US 2024/0031848, hereinafter referred as Cui).
Regarding claims 3 and 22, Chen teaches indication information that includes a configuration for the plurality of measurement gaps (¶ 174), but fails to explicitly disclose that the indication information “further comprises a second metric for sharing the second subset of the plurality of measurement occasions between intra-frequency measurements and inter-frequency measurements”. However, in analogous art, Cui discloses taking into account carrier specific scaling factor (CSSF) [parameter] in determining the measurement periods may provide scaling of the measurement period of intra-frequency measurement with measurement gap (MG) to share the MG resource with configured inter-frequency measurement objects (MOs); see ¶ 44/46. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen indication information by incorporating the CSSF of Cui in order utilize the measurement periods for measurement related to one or more neighbor cells on different frequency layers; see ¶ 46.
Regarding claims 11 and 23, Chen teaches indication information that includes a configuration for the plurality of measurement gaps (¶ 174), but fails to explicitly disclose that the indication information enables “determining a cell-detection period, a synchronization signal block index identification period, a measurement period, or any combination thereof based at least in part on a scaling factor associated with the parameter”. However, in analogous art, Cui discloses taking into account carrier specific scaling factor (CSSF) in determining the measurement periods may provide scaling of the measurement period of intra-frequency measurement with measurement gap (MG) to share the MG resource with configured inter-frequency measurement objects (MOs); see ¶ 44/46. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen indication information by incorporating the CSSF of Cui in order utilize the measurement periods for measurement related to one or more neighbor cells on different frequency layers; see ¶ 46.
Regarding claims 14 and 21, Chen teaches indication information that includes a configuration for the plurality of measurement gaps (¶ 174), but fails to explicitly disclose that the indication information enables performing intra-frequency measurements, inter-frequency measurements, or any combination thereof. However, in analogous art, Cui discloses taking into account carrier specific scaling factor (CSSF) in determining the measurement periods may provide scaling of the measurement period of intra-frequency measurement with measurement gap (MG) to share the MG resource with configured inter-frequency measurement objects (MOs); see ¶ 44/46. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen indication information by incorporating the CSSF of Cui in order utilize the measurement periods for measurement related to one or more neighbor cells on different frequency layers; see ¶ 46.
Claims 4-7, 9-10, 12, 16-19, 24, 28, and 30 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Chen et al. (Publication No. US 2025/0159662, hereinafter referred as Chen) in view of Nagaraja et al. ( Patent Publication No. US 2019/0021017, hereinafter referred as Nagaraja) and further in view of Lee et al. ( Patent Publication No. US 2022/0078650, hereinafter referred as Lee).
Regarding claims 4, 16, and 30, Chen teaches indication information that includes a configuration for the plurality of measurement gaps (¶ 174), but fails to explicitly disclose that the indication information [the configuration] is applied to the plurality of measurement occasions based at least in part on a data type, one or more criteria associated with the UE satisfying a threshold, or any combination thereof. However, in analogous art, Lee discloses that the UE may receive configuration information related to the measurement gap (MG) skip, see ¶ figure 8 step 801 & ¶ 203; wherein the UE may configure UL resources for the MG skip based on the configuration information, see ¶ 204; wherein the UE may trigger the MG skip when URLLC data [data type] arrives at the UE buffer; see ¶ 205. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen MG process to incorporate the trigger mechanism of Lee in order reduce the delay/latency of URLLC data [data type] occurring during communication between a user equipment and a BS based on the; see ¶ 17.
Regarding claims 5 and 17, Chen teaches a priority-based data transmission process (¶ 117), but fails to explicitly disclose that the transmission is based on the data type; wherein “the data type is extended reality (XR) traffic, ultra-reliable and low latency communications (URLLC) traffic, or a combination thereof”. However, in analogous art, Lee discloses that the UE may receive configuration information related to the measurement gap (MG) skip, see ¶ figure 8 step 801 & ¶ 203; wherein the UE may configure UL resources for the MG skip based on the configuration information, see ¶ 204; wherein the UE may trigger the MG skip when URLLC data [data type] arrives at the UE buffer; see ¶ 205. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen transmission process to incorporate the trigger mechanism for URLLC data of Lee in order reduce the delay/latency of URLLC data [data type] occurring during communication between a user equipment and a BS based on the; see ¶ 17.
Regarding claims 6 and 18, Chen teaches a priority-based data transmission process (¶ 117), but fails to explicitly disclose that the transmission is based on the one or more criteria; and “wherein the one or more criteria include criteria of one or more signal measurements performed by the UE on a serving cell, a radio resource management relaxation condition, a quantity of data buffered in a logical channel, or any combination thereof. However, the parent claims have been construe as applying the configuration to the plurality of measurement occasions based at least in part on a data type. Therefore, the one or more criteria is an alternative claim for applying the configuration, which is mapped in claim 4 and claim 16 respectively. See Lee ¶ 205 which teaches that the UE trigger the MG skip when URLLC data [data type] arrives at the UE buffer.
Regarding claims 7 and 19, Chen teaches a priority-based data transmission process (¶ 117), but fails to explicitly disclose that the one or more signal measurements performed by the UE on the serving cell include a reference signal received power, a reference signal received quality, or both. However, the parent claims have been construe as applying the configuration to the plurality of measurement occasions based at least in part on a data type. Therefore, the one or more criteria is an alternative claim for applying the configuration, which is mapped in claim 4 and claim 16 respectively. See Lee ¶ 205 which teaches that the UE trigger the MG skip when URLLC data [data type] arrives at the UE buffer.
Regarding claims 9 and 28, Chen, as modified, fails to disclose suspending application of the configuration to the plurality of measurement occasions based at least in part on an event trigger. However, in analogous art, Lee discloses that the UE checks whether channel quality of the serving cell is above a certain threshold when the UE determines to skip the measurement gap; see figure 13 step 1302 & ¶ 272. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen with MG skip mechanism in order reduce the delay/latency occurring during communication between a user equipment and a BS; see ¶ 17.
Regarding claim 10, Chen, as modified, fails to disclose that the event trigger includes a radio link failure, a beam failure recovery, a candidate beam detection, a reference signal received power satisfying a first threshold, a reference signal received quality satisfying a second threshold, or any combination thereof. However, in analogous art, Lee discloses that the UE checks whether channel quality of the serving cell is above a certain threshold when the UE determines to skip the measurement gap; see figure 13 step 1302 & ¶ 272. The threshold value(s) for the MG skip may be configured for RSRP, RSRQ or SINR (e.g., trigger quantity or combinations of quantities (e.g., RSRP and RSRQ); see ¶ 274. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen with MG skip mechanism in order reduce the delay/latency occurring during communication between a user equipment and a BS; see ¶ 17.
Regarding claims 12 and 24, Chen, as modified, fails to disclose transmit an indication that the UE is applying the parameter based at least in part on one or more criteria associated with the UE satisfying a threshold. However, in analogous art, Lee discloses that the UE transmits a measurement gap (MG) skip signaling, if the UE buffer for the URLLC data; see figure 8 step 802 & ¶ 205. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen with MG skip mechanism in order reduce the delay/latency occurring during communication between a user equipment and a BS; see ¶ 17.
Claims 8, 13, 25, and 27 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Chen et al. (Publication No. US 2025/0159662, hereinafter referred as Chen) in view of Nagaraja et al. ( Patent Publication No. US 2019/0021017, hereinafter referred as Nagaraja) and further in view of Miao et al. ( Patent Publication No. US 2022/0078813, hereinafter referred as Miao).
Regarding claims 8 and 27, Chen, as modified, fails to disclose applying the configuration to the plurality of measurement occasions for a duration subsequent to a data communication based at least in part on a timer associated with communicating data with a network entity. However, in analogous art, Miao discloses that when the PUSCH overlaps with the measurement gap, the user equipment determines whether it can continue transmitting the data through the PUSCH according to the indication information; see ¶ 137. If it is determined according to the indication information that the PUSCH has a higher priority than the measurement gap, the user equipment performs the PUSCH transmission at the overlapping position and starts a timer while performing the PUSCH transmission; see ¶ 137. The timing duration of the timer is the duration configured by the network device to stop the measurement.); see ¶ 137. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen with timer mechanism in order to decrease the transmission delay due to the measurement gap; see ¶ 7.
Regarding claims 13 and 25, Chen, as modified, fails to disclose that the indication is received via downlink control information, a medium access control-control element, radio resource control signaling, a system information message, or any combination thereof. However, in analogous art, Miao discloses that the network device transmits the configuration information of the DCI signaling to the user equipment, and the user equipment configures according to the configuration information; see ¶ 137. If there is an overlap with the measurement gap, it is determined whether to transmit data through the PUSCH channel according to the indication information in the indication mode 1 or indication mode 2.; see ¶ 137. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen with timer mechanism in order to decrease the transmission delay due to the measurement gap; see ¶ 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hector Reyes (Hector.Reyes@uspto.gov) whose telephone number is (571) 270-0239. The examiner can normally be reached M-F 6-5.
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, Kevin Bates (Kevin.Bates@uspto.gov) can be reached on (571) 270-0239. 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.
/H.R/Examiner, Art Unit 2472
/Tejis Daya/Primary Examiner, Art Unit 2472
Prosecution Insights