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 .
Drawings
The drawings are objected to because Figures 5, 6A, and 6B are fuzzy and illegible Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art. The abstract is only a restatement of claim 6 without being directed to the entire disclosure (including the subject matter within claim 1).
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The disclosure is objected to because of the following informalities:
Multiple citations of “user equipments” within the instant specification. This is not proper English. It is suggested to change these citations to “user equipment”, which still can mean multiple equipment.
Appropriate correction is required.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
Independent claims 1 and 6 state “first reconfiguration information comprising a first configuration”. It is suggested to reword the terminology “reconfiguration”.
Dependent claim 11 states “user equipments”. “Equipments” is not proper English and should be “equipment”.
Appropriate correction is required.
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 and 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:
Claims 19 and 20 state a “computer program comprising instructions which, when executed by an apparatus, cause the apparatus to perform the method”.
Even though the instant specification states a memory, only the computer program is claimed. The instant claim language does not disclose the computer program is stored on a non-transitory computer-readable medium. This appears to be directed to functional descriptive material (program per se). This does not seem to adequately tie the functional descriptive material (program) to a physical structure (ie. non-transitory computer-readable medium, non-transitory memory …). In contrast, if the claims were, for example, directed to a non-transitory computer-readable medium storing a program executed by a processor to perform the steps, this would be directed to the non-transitory computer-readable medium storing the program, rather than the computer program itself, and thus would comprise statutory subject matter. The instant specification as a whole, does not provide a clear description of “computer program”, which would exclude the transitory storage (communication medium) from the claimed program. Since the instant specification is silent as to a description of the “computer program”, the broadest reasonable interpretation includes transitory signals. The claim is directed to the computer program itself, which is non-statutory subject matter.
Accordingly, claims 19 and 20 are not eligible under 35 U.S.C. § 101.
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, 2, 5-8, and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shrivastava et al. (“Shrivastava”) [PGPUB 2022/0217636] in view of Esswie et al. (“Esswie”) [PGPUB 2024/0236941].
Regarding claim 1, the Shrivastava reference discloses a user equipment, the user equipment comprising at least one processor and at least one memory including computer code for one or more programs, the at least one memory and the computer code configured, with the at least one processor [Shrivastava; figures 3-4; paragraphs 0087 and 0090], to cause the user equipment at least to:
receive, from a serving network access node when the user equipment is in an energy saving mode, and a WUS (Wake up Signal) operation and first reconfiguration information, the first reconfiguration information comprising a first configuration for configuring the user equipment for performing measurements for a plurality of cells [ie. signal during sleep (“energy saving mode”) for the UE to measure resources (“cells”); Shrivastava; para 0063, 0073-0074 and 0096];
perform first measurements according to the first configuration when the user equipment is in the energy saving mode [Shrivastava; para 0096]; and
depending on the first measurements, identify and perform at least one action [ie. report (“action”); Shrivastava; para 0096].
The Shrivastava reference discloses a WUS signal sent from the Base Station, shown above, but does not specifically disclose an early paging indication (EPI).
However, in the same field of endeavor, the Esswie reference discloses an early paging indication (EPI) [ie. EPI with configuration to have the UE perform measurements and report back to the base station; Esswie; fig 5 (512) and 31; para 0143, 0186, and 0217]. The Shrivastava and Esswie references are analogous art, since they have similar problem solving area in being able to have UEs measure and transmit during inactive RRC state. It would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to combine the teaching of the EPI, taught by Esswie, into the system, taught by Shrivastava. The motivation for doing so would have been to alert the UE of any incoming paging information [Esswie, para 0172].
Regarding claim 2, the combination of Shrivastava-Esswie further discloses the identifying and performing at least one action comprises causing the first measurements to be reported by: receiving, from the serving network access node when the user equipment is in an energy saving mode, a paging message after receiving the early paging indication [Shrivastava; para 0074-0076, 0110, and 0121] [Esswie; para 0172-0174];
signalling, to the serving network access node, an indication that the first measurements are available or an indication that measurement values previously signalled to the network access node are valid; transitioning to the connected mode after signalling said indication that the first measurements are available or the indication that measurement values previously signalled to the network access node are valid; and after said transitioning, signalling the first measurements to the serving network access node [ie. status; Shrivastava; para 0096 and 0098] [ie. report; Esswie; para 0168-0169 and 0185].
Regarding claim 5, the combination of Shrivastava-Esswie further discloses the at least one action comprises: reporting the first measurements to the serving network access node, applying a candidate cell configuration related to the measured cell, or selecting and connecting to a cell for providing network access to the user equipment [ie. report measurement; Shrivastava; para 0096 and 0098] [ie. report; Esswie; para 0168-0169].
Regarding claim 6, the Shrivastava discloses a serving network access node serving a user equipment, the serving network access node comprising at least one processor and at least one memory including computer code for one or more programs, the at least one memory and the computer code configured, with the at least one processor [Shrivastava; figure 2; paragraphs 0045-0046], to cause the access node at least to:
signal, to the user equipment when the user equipment is in an energy saving mode, a WUS (Wake up Signal) operation and first reconfiguration information, the first reconfiguration information comprising a first configuration for configuring the user equipment to perform first measurements for a plurality of cells [ie. signal during sleep for the UE to measure resources (“cells”); Shrivastava; para 0063, 0073-0074 and 0096];.
The Shrivastava reference discloses a WUS signal sent from the Base Station, shown above, does not specifically disclose an early paging indication (EPI).
However, in the same field of endeavor, the Esswie reference discloses an early paging indication (EPI) [ie. EPI with configuration to have the UE perform measurements and report back to the base station; Esswie; fig 5 (512) and 31; para 0143, 0186, and 0217]. The Shrivastava and Esswie references are analogous art, since they have similar problem solving area in being able to have UEs transmit during inactive RRC state. It would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to combine the teaching of the EPI, taught by Esswie, into the system, taught by Shrivastava. The motivation for doing so would have been to inform the UE of any incoming paging information [Esswie, para 0172].
Regarding claim 7, the combination of Shrivastava-Esswie further discloses the serving network access node being further configured to receive, from the user equipment when the user equipment is in a connected mode, the first measurements made in accordance with the first configuration and/or an indication of a cell selected by the user equipment for providing network access to the user equipment, or an indication of a candidate cell configuration related to the measured cell applied by the user equipment [ie. report measurement; Shrivastava; para 0096 and 0098] [ie. report; Esswie; para 0168-0169].
Regarding claim 8, the combination of Shrivastava-Esswie further discloses serving network access node being further configured to signal, to the user equipment when the user equipment is in the energy saving mode, a paging message after signalling the early paging indication; and receive, from the user equipment, an indication that the first measurements are available or an indication that measurement values previously signalled to the network access node are valid [Shrivastava; para 0074-0076, 0110, and 0121] [Esswie; para 0172-0174].
Regarding claim 11, the combination of Shrivastava-Esswie further discloses serving network access node being further configured to determine to configure the user equipment with the first reconfiguration information in dependence on a determination that: a number of user equipments currently being served by at least one cell and/or carrier being considered for dual carrier and/or carrier aggregation is above a first predetermined threshold, a current load of at least one cell and/or carrier being considered for dual carrier and/or carrier aggregation is above a second predetermined threshold, an availability of at least one cell and/or carrier being considered for dual carrier and/or carrier aggregation, and/or whether a determined service is supported by at least one cell and/or carrier being considered for dual carrier and/or carrier aggregation [ie. support power saving indication information (PSNI); Shrivastava; para 0015 and 0147-0149].
Regarding claim 12, the combination of Shrivastava-Esswie further discloses serving network access node being further configured to signal the first configuration to at least one access node controlling at least one of said plurality of cells [ie. core network; Shrivastava; fig 2; para 0058, 0073-0074, and 0108] [Esswie; para 0087-0088 and 0133].
Regarding claim 13, the combination of Shrivastava-Esswie further discloses the energy saving mode is at least one of a radio resource control IDLE mode or a radio resource control INACTIVE mode [Shrivastava; para 0058] [Esswie; para 0133-0134].
Regarding claim 14, the combination of Shrivastava-Esswie further discloses the first configuration comprises an instruction to perform at least one of the following for said configuring the user equipment for performing measurements: stop performing any previously configured dual carrier and/or carrier aggregation measurement configuration; start performing any previously configured dual carrier and/or carrier aggregation measurement configuration; switch from obtaining measurements according to a first previously configured measurement configuration to obtaining measurements according to a second previously configured measurement configuration; perform measurements using a higher or lower periodicity than a periodicity previously used to perform measurements; perform measurements over a single carrier and/or cell; stop performing any previously configured dual carrier and/or carrier aggregation measurement configuration after a preconfigured timer has expired; continue performing any previously configured dual carrier and/or carrier aggregation measurement configuration after a preconfigured timer has expired; store and/or erase measurements obtained using a previously configured dual carrier and/or carrier aggregation measurement configuration; determine a validity of at least one previously performed measurement [ie. at least perform measurements over a single carrier and/or cell; Shrivastava; para 0074, 0093, and 0108].
Regarding claim 15, the combination of Shrivastava-Esswie further discloses configuring the user equipment for performing measurements for a plurality of cells is for configuring at least one of dual carrier operation or carrier aggregation operation [Shrivastava; para 0074, 0093, and 010and 8] [Esswie; para 0086 and 0198].
Regarding claim 16, the combination of Shrivastava-Esswie further discloses the first configuration comprises at least one of: a list of cells; a list of early paging indicators that maps to a list of cells; a list of paging occasions that maps to a list of cells; or an indication of a user equipment action to be performed when a measurement of at least one of said plurality of cells fulfils a predetermined condition [Shrivastava; para 0074 and 0108] [Esswie; para 0156 and 0198].
Regarding claims 17 and 18, the process of claims 17 and 18 perform the similar steps as the apparatus of claims 1 and 6. The combination of Shrivastava-Esswie teaches the apparatus of claims 1 and 6, as referenced above. Therefore, claims 17 and 18 are rejected using the same art and rationale set forth above in the rejection of claims 1 and 6, by the teachings of combination of Shrivastava-Esswie.
Regarding claims 19 and 20, the programs of claims 19 and 20 perform the similar steps as the apparatus of claims 1 and 6. The combination of Shrivastava-Esswie teaches the apparatus of claims 1 and 6, as referenced above. The additional limitation of a “computer program” is rejected with the citation of paragraph 0087 of the Shrivastava reference. Therefore, claims 19 and 20 are rejected using the same art and rationale set forth above in the rejection of claims 1 and 6, by the teachings of combination of Shrivastava-Esswie.
Claims 3, 4, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Shrivastava-Esswie as applied to claims 1 and 6 above, and further in view of Park et al. (“Park”) [PGPUB 2024/0107353].
Regarding claim 3, the combination of Shrivastava-Esswie does not specifically disclose prior to entering the energy saving mode: receive, from the serving network node, a second configuration for configuring the user equipment to perform second measurements for at least one of dual carrier operation and/or carrier aggregation operation; and, after entering the energy saving mode and before receiving the first configuration: perform second measurements according to the second configuration until a timer associated with the second configuration expires or until the first measurements according to the first configuration are performed.
However, in the same field of endeavor, the Park reference discloses prior to entering the energy saving mode: receive, from the serving network node, a second configuration for configuring the user equipment to perform second measurements for at least one of dual carrier operation and/or carrier aggregation operation [EMR (Early Measurement Report)]; and, after entering the energy saving mode and before receiving the first configuration: perform second measurements according to the second configuration until a timer associated with the second configuration expires or until the first measurements according to the first configuration are performed [ie. EMR measurements with a timer (T331 timer); Park; para 0054, 0074, and 0076-0077]. The Shrivastava-Esswie and Park references are analogous art, since they have similar problem solving area in being able to have UEs transmit during inactive RRC state. It would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to combine the teaching of a second measurement, taught by Park, into the system, taught by Shrivastava-Esswie. The motivation for doing so would have been to get a cell measurement when the UE becomes idle/inactive.
Regarding claim 4, the combination of Shrivastava-Esswie-Park further discloses user equipment being further configured to provide at least some of the second measurements to the serving network access node [Park; para 0079-0082].
Regarding claim 9, the combination of Shrivastava-Esswie does not specifically disclose serving network access node being further configured to, prior to the user equipment entering the energy saving mode: signal, to the user equipment, a second configuration for configuring the user equipment to perform second measurements for at least one of dual carrier operation and/or carrier aggregation operation.
However, in the same field of endeavor, the Park reference discloses prior to the user equipment entering the energy saving mode: signal, to the user equipment, a second configuration for configuring the user equipment to perform second measurements for at least one of dual carrier operation and/or carrier aggregation operation [ie. EMR measurements with a timer (T331 timer); Park; para 0054, 0074, and 0076-0077]. The Shrivastava-Esswie and Park references are analogous art, since they have similar problem solving area in being able to have UEs transmit during inactive RRC state. It would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to combine the teaching of a second measurement, taught by Park, into the system, taught by Shrivastava-Esswie. The motivation for doing so would have been to get a cell measurement when the UE becomes idle/inactive.
Regarding claim 10, the combination of Shrivastava-Esswie-Park further discloses to group the user equipment into a first group in dependence on a similarity of at least one capability or configuration of the user equipment to other user equipment in the first group [Shrivastava; para 0055 and 0099].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Siomina et al. [USPAT 12,470,961] describes EMR (Early Measurement Report), with two different measurements, when RRC is idle for UE.
Cui et al. [PGPUB 2025/0254749] describes EMR measurement during inactive mode for UE.
Li et al. [PGPUB 2024/0155398] describes validating EMR measurements once timer expires (T331).
He et al. [USPAT 12,069,609] describes paging indication with the UE group, during RCC idle time of the UE.
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/JASON D CARDONE/ Primary Examiner, Art Unit 2458