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 Amendment
The reply filed 02/04/2026 has been fully considered and entered into record. Claims 1-8, 10-14, and 16-22 remain pending in the application.
Response to Arguments
Applicant’s arguments, see Remarks filed 02/04/2026, particularly regarding the rejection of the claims 35 U.S.C. 102(a)(2) as being anticipated by Li et al (US 2023/0345276), have been fully considered but are moot because they do not apply to the new combination of references being used in the current rejection, as necessitated by amendment to the claims.
Claim Rejections - 35 USC § 103
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 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 1-8, 11-14 and 16-22 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (US 2023/0345276).
Regarding Claim 1, Li teaches a measurement gap determining method (Figs. 8 & 10), comprising: obtaining, by a terminal, indication information of multiple measurement gap patterns ([0129], Fig. 8, At 802, a wireless device (also referred to as “NW” hereinafter for simplicity) may receive a message from a user equipment (UE) including a UE capability information that includes an indication of concurrent measurement gap (MG) patterns, At 808, the wireless device may transmit the message to the UE, [0130], measurement objectives that configured by the NW to the UE may include first and second measurement objectives, a measurement type of the first measurement objective is different from a measurement type of the second measurement objective, which is similar to the case shown in FIG. 10 described above. In these embodiments, the NW may determine an associated MG pattern from the concurrent MG patterns for each measurement type), wherein the multiple measurement gap patterns are measurement gap patterns configured by a network side device for the terminal ([0129], Fig. 8, at 804 wireless device may determine, for each of measurement objectives for the UE, an associated MG pattern from the concurrent MG patterns, At 806, the wireless device may encode a message for transmission to the UE including measurement objective information that includes an indication of the measurement objectives and associated MG patterns); and
in a case that measurement gaps corresponding to different measurement gap patterns conflict with each other ([0132] Once collision MG occurs), determining, by the terminal according to the indication information, a first target measurement gap to be used and/or a second target measurement gap to be dropped ([0132], the indication of the measurement objectives and associated MG patterns may include priority information for respective measurement objectives or a collision indication for respective MG patterns. The UE may prioritize between the measurements of the measurement objectives based on the priority information for respective measurement objectives or the collision indication for respective MG patterns from the NW, and perform a measurement according to the prioritization between the measurements. The priority information for respective measurement objectives may be used to indicate which measurement objective has a higher priority and which measurement objective has a lower priority), wherein the first target measurement gap and the second target measurement gap are one or more measurement gaps of multiple measurement gaps that conflict with each other ([0132], Once collision MG occurs, the UE follows the priority information to perform the measurement having the higher priority and discard the measurement having the lower priority. The collision indication for respective MG patterns may be used to indicate whether an MG according to the MG pattern will be discarded when collision MG occurs. The UE may follow the collision indication to perform the corresponding measurement).
Li fails to teach wherein the indication information is carried in configuration information of the measurement gap patterns, and the configuration information of the measurement gap patterns comprises IE GapConfig.
In the same field of endeavor, Koskinen teaches wherein the indication information is carried in configuration information of the measurement gap patterns, and the configuration information of the measurement gap patterns comprises IE GapConfig ([0083], a UE is provided, by a MeasGapConfig IE, with a gapFR1 and/or a gapFR2 and/or gapUE, to set up GapConfig. The IE GapConfig provides the gapOffset to determine the timing location (offset), period and length of the measurement gap).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to indicate measurement gap patterns using the gapconfig information element, as taught in Koskinen, in the system of Li, in order to enhance the power savings from more efficiently indicating and applying relevant measurement patterns.
Regarding Claim 2, Li, modified by Koskinen, teaches the method according to claim 1, Li further teaches wherein the indication information comprises at least one of: priority configuration information, wherein the priority configuration information is used to indicate a priority of a measurement gap pattern ([0132], the indication of the measurement objectives and associated MG patterns may include priority information for respective measurement objectives or a collision indication for respective MG patterns. The UE may prioritize between the measurements of the measurement objectives based on the priority information for respective measurement objectives or the collision indication for respective MG patterns from the NW, and perform a measurement according to the prioritization between the measurements. The priority information for respective measurement objectives may be used to indicate which measurement objective has a higher priority and which measurement objective has a lower priority); ratio configuration information, wherein the ratio configuration information is used to indicate a ratio of each of the measurement gap patterns in a common time period; control sequence configuration information, wherein the control sequence configuration information is used to indicate a measurement gap to be dropped and/or a measurement gap to be used when a collision occurs; or indication information of one or more target measurement objects ([0132], the indication of the measurement objectives and associated MG patterns may include priority information for respective measurement objectives or a collision indication for respective MG patterns. The collision indication for respective MG patterns may be used to indicate whether an MG according to the MG pattern will be discarded when collision MG occurs. The UE may follow the collision indication to perform the corresponding measurement).
Regarding Claim 3, Li, modified by Koskinen, teaches the method according to claim 2, Li further teaches wherein the determining, by the terminal according to the indication information, a first target measurement gap to be used and/or a second target measurement gap to be dropped comprises: according to a priority indicated by the priority configuration information, determining, by the terminal, to use the first target measurement gap corresponding to a first measurement gap pattern and/or drop the second target measurement gap corresponding to a second measurement gap pattern, wherein the first measurement gap pattern is a measurement gap pattern with a highest priority among the different measurement gap patterns, and the second measurement gap pattern is a measurement gap pattern other than the first measurement gap pattern among the different measurement gap patterns ([0132], the indication of the measurement objectives and associated MG patterns may include priority information for respective measurement objectives or a collision indication for respective MG patterns. The UE may prioritize between the measurements of the measurement objectives based on the priority information for respective measurement objectives or the collision indication for respective MG patterns from the NW, and perform a measurement according to the prioritization between the measurements. The priority information for respective measurement objectives may be used to indicate which measurement objective has a higher priority and which measurement objective has a lower priority).
Regarding Claim 4, Li, modified by Koskinen, teaches the method according to claim 2, Li further teaches wherein the determining, by the terminal according to the indication information, a first target measurement gap to be used and/or a second target measurement gap to be dropped comprises: in a case of ensuring the ratio of each of the measurement gap patterns indicated by the ratio configuration information, determining, by the terminal, to use the first target measurement gap corresponding to a first measurement gap pattern and/or drop the second target measurement gap corresponding to a second measurement gap pattern (Embodiment not invoked).
Regarding Claim 5, Li, modified by Koskinen, teaches the method according to claim 2, Li further teaches wherein the determining, by the terminal according to the indication information, a first target measurement gap to be used and/or a second target measurement gap to be dropped comprises: according to an indication of the control sequence configuration information, determining, by the terminal, the first target measurement gap to be used and/or the second target measurement gap to be dropped (Embodiment not invoked).
Regarding Claim 6, Li, modified by Koskinen, teaches the method according to claim 5, Li further teaches wherein the control sequence configuration information indicates using manners of conflicting measurement gaps within n first periods, wherein a first period is the least common multiple of periods of the multiple measurement gap patterns, and n is an integer greater than or equal to 1 (Embodiment not invoked).
Regarding Claim 7, Li, modified by Koskinen, teaches the method according to claim 6, Li further teaches wherein the control sequence configuration information comprises k bit groups, and each bit group indicates a usage manner of each conflicting measurement gap in one first period, wherein m is an integer,1<m< M, M is a number of conflicts in one first period, k is an integer, k<K, and K is a number of measurement gap patterns configured for the terminal (Embodiment not invoked).
Regarding Claim 8, Li, modified by Koskinen, teaches the method according to claim 2, Li further teaches wherein the determining, by the terminal according to the indication information, a first target measurement gap to be used and/or a second target measurement gap to be dropped comprises: determining, by the terminal according to one or more target measurement objects indicated by the indication information, to use the first target measurement gap corresponding to a first measurement gap pattern and/or drop the second target measurement gap corresponding to a second measurement gap pattern, wherein the one or more target measurement objects are one or more of multiple measurement objects in the first measurement gap pattern, and the second measurement gap pattern is a measurement gap pattern other than the first measurement gap pattern among the different measurement gap patterns ([0132], the indication of the measurement objectives and associated MG patterns may include priority information for respective measurement objectives or a collision indication for respective MG patterns. The UE may prioritize between the measurements of the measurement objectives based on the priority information for respective measurement objectives or the collision indication for respective MG patterns from the NW, and perform a measurement according to the prioritization between the measurements. The priority information for respective measurement objectives may be used to indicate which measurement objective has a higher priority and which measurement objective has a lower priority. Once collision MG occurs, the UE follows the priority information to perform the measurement having the higher priority and discard the measurement having the lower priority. The collision indication for respective MG patterns may be used to indicate whether an MG according to the MG pattern will be discarded when collision MG occurs. The UE may follow the collision indication to perform the corresponding measurement)
Regarding Claim 11, Li teaches a measurement gap indication method (Figs. 8& 10), comprising: sending, by a network side device, indication information of multiple measurement gap patterns to a terminal ([0129], Fig. 8, At 802, a wireless device (also referred to as “NW” hereinafter for simplicity) may receive a message from a user equipment (UE) including a UE capability information that includes an indication of concurrent measurement gap (MG) patterns, At 808, the wireless device may transmit the message to the UE, [0130], measurement objectives that configured by the NW to the UE may include first and second measurement objectives, a measurement type of the first measurement objective is different from a measurement type of the second measurement objective, which is similar to the case shown in FIG. 10 described above. In these embodiments, the NW may determine an associated MG pattern from the concurrent MG patterns for each measurement type), wherein the multiple measurement gap patterns are measurement gap patterns configured by the network side device for the terminal ([0129], Fig. 8, at 804 wireless device may determine, for each of measurement objectives for the UE, an associated MG pattern from the concurrent MG patterns, At 806, the wireless device may encode a message for transmission to the UE including measurement objective information that includes an indication of the measurement objectives and associated MG patterns); and
the indication information is used to: in a case that measurement gaps corresponding to different measurement gap patterns conflict with each other ([0132] Once collision MG occurs), determine a first target measurement gap to be used and/or a second target measurement gap to be dropped ([0132], the indication of the measurement objectives and associated MG patterns may include priority information for respective measurement objectives or a collision indication for respective MG patterns. The UE may prioritize between the measurements of the measurement objectives based on the priority information for respective measurement objectives or the collision indication for respective MG patterns from the NW, and perform a measurement according to the prioritization between the measurements. The priority information for respective measurement objectives may be used to indicate which measurement objective has a higher priority and which measurement objective has a lower priority), wherein the first target measurement gap and the second target measurement gap are one or more measurement gaps of multiple measurement gaps that conflict with each other ([0132], Once collision MG occurs, the UE follows the priority information to perform the measurement having the higher priority and discard the measurement having the lower priority. The collision indication for respective MG patterns may be used to indicate whether an MG according to the MG pattern will be discarded when collision MG occurs. The UE may follow the collision indication to perform the corresponding measurement).
Li fails to teach wherein the indication information is carried in configuration information of the measurement gap patterns, and the configuration information of the measurement gap patterns comprises IE GapConfig.
In the same field of endeavor, Koskinen teaches wherein the indication information is carried in configuration information of the measurement gap patterns, and the configuration information of the measurement gap patterns comprises IE GapConfig ([0083], a UE is provided, by a MeasGapConfig IE, with a gapFR1 and/or a gapFR2 and/or gapUE, to set up GapConfig. The IE GapConfig provides the gapOffset to determine the timing location (offset), period and length of the measurement gap).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to indicate measurement gap patterns using the gapconfig information element, as taught in Koskinen, in the system of Li, in order to enhance the power savings from more efficiently indicating and applying relevant measurement patterns.
Regarding Claim 12, Li, modified by Koskinen, teaches the method according to claim 11, Li further teaches wherein the indication information comprises at least one of: priority configuration information, wherein the priority configuration information is used to indicate a priority of a measurement gap pattern ([0132], the indication of the measurement objectives and associated MG patterns may include priority information for respective measurement objectives or a collision indication for respective MG patterns. The UE may prioritize between the measurements of the measurement objectives based on the priority information for respective measurement objectives or the collision indication for respective MG patterns from the NW, and perform a measurement according to the prioritization between the measurements. The priority information for respective measurement objectives may be used to indicate which measurement objective has a higher priority and which measurement objective has a lower priority); ratio configuration information, wherein the ratio configuration information is used to indicate a ratio of each of the measurement gap patterns in a common time period; control sequence configuration information, wherein the control sequence configuration information is used to indicate a measurement gap to be dropped and/or a measurement gap to be used when a collision occurs; or indication information of one or more target measurement objects ([0132], the indication of the measurement objectives and associated MG patterns may include priority information for respective measurement objectives or a collision indication for respective MG patterns. The collision indication for respective MG patterns may be used to indicate whether an MG according to the MG pattern will be discarded when collision MG occurs. The UE may follow the collision indication to perform the corresponding measurement).
Regarding Claim 13, Li, modified by Koskinen, teaches the method according to claim 12, Li further teaches wherein the control sequence configuration information indicates using manners of conflicting measurement gaps within n first periods, wherein a first period is the least common multiple of periods of the multiple measurement gap patterns, and n is an integer greater than or equal to 1 (Embodiment not invoked).
Regarding Claim 14, Li, modified by Koskinen, teaches the method according to claim 13, Li further teaches wherein the control sequence configuration information comprises k bit groups, and each bit group indicates a usage manner of each conflicting measurement gap in one first period, wherein m is an integer,1<m< M, M is a number of conflicts in one first period, k is an integer, k<K, and K is a number of measurement gap patterns configured for the terminal (Embodiment not invoked).
Regarding Claim 16, Li teaches a terminal, comprising a processor, a memory, and a program or an instruction stored in the memory and executable on the processor, wherein the program or instruction, when executed by the processor ([0029-0030]), causes the terminal to perform: obtaining indication information of multiple measurement gap patterns ([0129], Fig. 8, At 802, a wireless device (also referred to as “NW” hereinafter for simplicity) may receive a message from a user equipment (UE) including a UE capability information that includes an indication of concurrent measurement gap (MG) patterns, At 808, the wireless device may transmit the message to the UE, [0130], measurement objectives that configured by the NW to the UE may include first and second measurement objectives, a measurement type of the first measurement objective is different from a measurement type of the second measurement objective, which is similar to the case shown in FIG. 10 described above. In these embodiments, the NW may determine an associated MG pattern from the concurrent MG patterns for each measurement type), wherein the multiple measurement gap patterns are measurement gap patterns configured by a network side device for the terminal ([0129], Fig. 8, at 804 wireless device may determine, for each of measurement objectives for the UE, an associated MG pattern from the concurrent MG patterns, At 806, the wireless device may encode a message for transmission to the UE including measurement objective information that includes an indication of the measurement objectives and associated MG patterns); and
in a case that measurement gaps corresponding to different measurement gap patterns conflict with each other ([0132] Once collision MG occurs), determining, according to the indication information, a first target measurement gap to be used and/or a second target measurement gap to be dropped ([0132], the indication of the measurement objectives and associated MG patterns may include priority information for respective measurement objectives or a collision indication for respective MG patterns. The UE may prioritize between the measurements of the measurement objectives based on the priority information for respective measurement objectives or the collision indication for respective MG patterns from the NW, and perform a measurement according to the prioritization between the measurements. The priority information for respective measurement objectives may be used to indicate which measurement objective has a higher priority and which measurement objective has a lower priority), wherein the first target measurement gap and the second target measurement gap are one or more measurement gaps of multiple measurement gaps that conflict with each other ([0132], Once collision MG occurs, the UE follows the priority information to perform the measurement having the higher priority and discard the measurement having the lower priority. The collision indication for respective MG patterns may be used to indicate whether an MG according to the MG pattern will be discarded when collision MG occurs. The UE may follow the collision indication to perform the corresponding measurement).
Li fails to teach wherein the indication information is carried in configuration information of the measurement gap patterns, and the configuration information of the measurement gap patterns comprises IE GapConfig.
In the same field of endeavor, Koskinen teaches wherein the indication information is carried in configuration information of the measurement gap patterns, and the configuration information of the measurement gap patterns comprises IE GapConfig ([0083], a UE is provided, by a MeasGapConfig IE, with a gapFR1 and/or a gapFR2 and/or gapUE, to set up GapConfig. The IE GapConfig provides the gapOffset to determine the timing location (offset), period and length of the measurement gap).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to indicate measurement gap patterns using the gapconfig information element, as taught in Koskinen, in the system of Li, in order to enhance the power savings from more efficiently indicating and applying relevant measurement patterns.
Regarding Claim 17, Li, modified by Koskinen, teaches the terminal according to claim 16, Li further teaches wherein the indication information comprises at least one of: priority configuration information, wherein the priority configuration information is used to indicate a priority of a measurement gap pattern ([0132], the indication of the measurement objectives and associated MG patterns may include priority information for respective measurement objectives or a collision indication for respective MG patterns. The UE may prioritize between the measurements of the measurement objectives based on the priority information for respective measurement objectives or the collision indication for respective MG patterns from the NW, and perform a measurement according to the prioritization between the measurements. The priority information for respective measurement objectives may be used to indicate which measurement objective has a higher priority and which measurement objective has a lower priority); ratio configuration information, wherein the ratio configuration information is used to indicate a ratio of each of the measurement gap patterns in a common time period; control sequence configuration information, wherein the control sequence configuration information is used to indicate a measurement gap to be dropped and/or a measurement gap to be used when a collision occurs; or indication information of one or more target measurement objects ([0132], the indication of the measurement objectives and associated MG patterns may include priority information for respective measurement objectives or a collision indication for respective MG patterns. The collision indication for respective MG patterns may be used to indicate whether an MG according to the MG pattern will be discarded when collision MG occurs. The UE may follow the collision indication to perform the corresponding measurement).
Regarding Claim 18, Li, modified by Koskinen, teaches the terminal according to claim 17, Li further teaches wherein the program or instruction, when executed by the processor, causes the terminal to perform: according to a priority indicated by the priority configuration information, determining to use the first target measurement gap corresponding to a first measurement gap pattern and/or drop the second target measurement gap corresponding to a second measurement gap pattern, wherein the first measurement gap pattern is a measurement gap pattern with a highest priority among the different measurement gap patterns, and the second measurement gap pattern is a measurement gap pattern other than the first measurement gap pattern among the different measurement gap patterns ([0132], the indication of the measurement objectives and associated MG patterns may include priority information for respective measurement objectives or a collision indication for respective MG patterns. The UE may prioritize between the measurements of the measurement objectives based on the priority information for respective measurement objectives or the collision indication for respective MG patterns from the NW, and perform a measurement according to the prioritization between the measurements. The priority information for respective measurement objectives may be used to indicate which measurement objective has a higher priority and which measurement objective has a lower priority).
Regarding Claim 19, Li, modified by Koskinen, teaches the terminal according to claim 17, Li further teaches wherein the program or instruction, when executed by the processor, causes the terminal to perform: in a case of ensuring the ratio of each of the measurement gap patterns indicated by the ratio configuration information, determining to use the first target measurement gap corresponding to a first measurement gap pattern and/or drop the second target measurement gap corresponding to a second measurement gap pattern (Embodiment not invoked).
Regarding Claim 20, Li teaches a network side device, comprising a processor, a memory, and a program or an instruction stored in the memory and executable on the processor, wherein when the program or instruction is executed by the processor, steps of the measurement gap indication method according to claim 11 are implemented ([0029-0032, 0129, 0132, Figs. 8&10]).
Regarding Claim 21, Li, modified by Koskinen, teaches the terminal according to claim 17, Li further teaches wherein the program or instruction, when executed by the processor, causes the terminal to perform: according to an indication of the control sequence configuration information, determining the first target measurement gap to be used and/or the second target measurement gap to be dropped (Embodiment not invoked).
Regarding Claim 22, Li, modified by Koskinen, teaches the terminal according to claim 17, Li further teaches wherein the control sequence configuration information indicates using manners of conflicting measurement gaps within n first periods, wherein a first period is the least common multiple of periods of the multiple measurement gap patterns, and n is an integer greater than or equal to 1 (Embodiment not invoked).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al (US 2023/0345276), in view of Koskinen et al (US 2024/0098538), and further in view of Siomina (US 2013/0303199).
Regarding Claim 10, Li, modified by Koskinen, teaches all aspects of the invention according to Claim 1 above, except the following, which in the same field of endeavor, Siomina teaches wherein the indication information comprises: configuration information of the measurement gap patterns; and the determining the first target measurement gap to be used and/or the second target measurement gap to be dropped comprises: according to the configuration information of the different measurement gap patterns, determining to use the first target measurement gap corresponding to a first measurement gap pattern and/or drop the second target measurement gap corresponding to a second measurement gap pattern, wherein the first measurement gap pattern is a measurement gap pattern configured with fewest measurement objects among the different measurement gap patterns, and the second measurement gap pattern is a measurement gap pattern other than the first measurement gap pattern among the different measurement gap patterns ([0213], There may also be pre-defined rule (e.g., a requirement) for defining such patterns. For example, at least N measurement occasions should still be available for UL measurements within a certain time T, or at least M measurement occasions should not be uncertain UL measurement occasions within a certain time T, or out of a total of K pre-scheduled UL measurement occasions. These patterns may be cell-specific or UE-specific. The patterns may be used as a mask or to create a mask, which may be a binary pattern).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a particular amount of measurement occasions within a given period, as taught in Siomina, in the system of Li and Koskinen, in order to optimize and conserve device power.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET G WEBB whose telephone number is (571)270-7803. The examiner can normally be reached M-F 9:00-6:00 PM.
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/MARGARET G WEBB/ Primary Examiner, Art Unit 2641
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