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 .
Status of Claims
This communication is in response to the application filed on 04/29/2024.
Claims 28-47 are pending in this application, with claims 28,36,41 and 45 being independent.
Attorney Information Request
For efficient and faster prosecution of the current application, please provide direct phone number and email address of an attorney filing a response to this office action.
Claim Objections
Claims 29,37,42 and 46 are objected to because of the following informalities:
In claim 29, line 2, “. . are configured outside of a configuration . .” should read “. . are different than a configuration . .”
In claim 37, line 2, “. . are configured outside of a configuration . .” should read “. . are different than a configuration . .”
In claim 42, line 2, “. . are configured outside of a configuration . .” should read “. . are different than a configuration . .”
In claim 46, line 2, “. . are configured outside of a configuration . .” should read “. . are different than a configuration . .”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 28-47 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. The claims are not clearly written to define metes and bounds of the claimed invention.
In claims 28,36,41 and 45, the phrase “. . configuring candidate cells, a measurement configuration or a reporting . . ” is unclear as to what is being achieved. It is not easy to understand whether only candidate cells are configured or a measurement/reporting is configured. A paragraph 0005 in published application has a better wordings for the claimed invention.
The claim also recites of receiving a measurement result in contrast to the previous limitation reciting configuring for measurement or reporting. In case of only reporting is configured, it is not clear what is being measured.
Claims 29-35 are rejected based upon claim dependency to independent claim 28.
Claims 37-40 are rejected based upon claim dependency to independent claim 36.
Claims 42-44 are rejected based upon claim dependency to independent claim 41.
Claims 46-47 are rejected based upon claim dependency to independent claim 45.
Claim Rejections - 35 USC § 102
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)(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 28-39 and 41-47 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by ZHANG et al. (US 2022/0377622 Al, hereinafter referred to as “Zhang”) - IDS.
Regarding Claims 28,36,41 and 45, Zhang discloses methods of wireless communication comprising: transmitting, by a network node (Zhang Fig.1,4A Para[0027,0033-34] A source gNB) and receiving by a terminal device (Zhang Fig.1,4A Para[0027,0033-34] A UE), a Radio Resource Control (RRC) message including information configuring one or more candidate cells (Zhang Fig.3,4A Para[0032-34] A RRC signal for CMR configuration), a measurement configuration (Zhang Fig.3,4A Para[0032-34] A neighbor (i.e. candidate) cells measurement configuration), or a reporting configuration (Zhang Fig.3,4A Para[0032-34] A neighbor (i.e. candidate) cells report configuration); and performing by the terminal and receiving, by the network node, a measurement result reported by the terminal device based on the RRC message (Zhang Fig.3,4A Para[0033-39] The UE sends collected measurements to the gNB).
Specifically for claims 41 and 45, Zhang discloses the UE and the network device that includes a processor (Zhang Fig.2 Para[0031] A processor) and a memory (Zhang Fig.2 Para[0031] A memory).
Regarding claims 29,37,42 and 46, Zhang discloses the methods, the network device and the terminal as explained above for Claim 28. Zhang further discloses wherein at least one of the information configuring the one or more candidate cells or the measurement configuration are configured outside of a configuration of a serving cell (Zhang Fig.7 Para[0069] A separate measurement configuration for serving and neighbor cells).
Regarding claim 30, Zhang discloses the methods, the network device and the terminal as explained above for Claim 28. Zhang further discloses wherein a configuration of a candidate cell of the one or more candidate cells or a configuration corresponding to an identification of the candidate cell provides or configures at least one of: an RS configuration (Not given patentable weight due to non-selective option in the claim), a RS set configuration (Not given patentable weight due to non-selective option in the claim), a Transmission Configuration Indication (TCI) state configuration (Zhang Fig.7 Para[0069] TCI configuration), or a random-access channel (RACH) configuration (Not given patentable weight due to non-selective option in the claim).
Regarding claims 31 and 43, Zhang discloses the methods, the network device and the terminal as explained above for Claim 28. Zhang further discloses wherein a candidate cell of the one or more candidate cells or an identification corresponding to a candidate cell of the one or more candidate cells is associated with one or more Reference Signal (RS) resources included in the measurement configuration (Zhang Fig.7 Para[0071] A CSI RS from neighbor cells for CMR).
Regarding claim 32, Zhang discloses the methods, the network device and the terminal as explained above for Claim 28. Zhang further discloses wherein a candidate cell of the one or more candidate cells or an identification corresponding to the candidate cell is associated with an RS resource set or an RS resource within the RS resource set (Zhang Fig.7 Para[0032,0071] A CSI RS from neighbor cells are used for TCI groups and CSI RS).
Regarding claims 33 and 38, Zhang discloses the methods, the network device and the terminal as explained above for Claim 28. Zhang further discloses wherein the reporting configuration configures at least one of: a number of candidate cells, M, wherein M is an integer greater than or equal to 1 (Not given patentable weight due to non-selective option in the claim); whether to include reporting content of a serving cell (Not given patentable weight due to non-selective option in the claim); a Resource Signal Receiving Power (RSRP) (Zhang Para[0060] RSRP requested); a Signal to Interference plus Noise Ratio (SINR) (Zhang Para[0060] SINR requested); a CSI-RS resource indicator (CRI) (Not given patentable weight due to non-selective option in the claim); a SSB resource indicator (SSBRI) (Not given patentable weight due to non-selective option in the claim); or a cell identification (Not given patentable weight due to non-selective option in the claim).
Regarding claims 34 and 39, Zhang discloses the methods, the network device and the terminal as explained above for Claim 28. Zhang further discloses wherein when the reporting content of the serving cell is included, the terminal device reports a measurement result from L serving cells and (M - L) candidate cells, wherein L is an integer greater than or equal to 1 (Not given patentable weight due to non-selective option in the claim 33).
Regarding claims 35 and 44, Zhang discloses the methods, the network device and the terminal as explained above for Claim 28. Zhang further discloses transmitting, by the network node to the terminal device, a MAC control element (MAC CE), wherein the MAC CE is used to activate or deactivate a Transmission Configuration Indicator (TCI) state associated with at least one of the one or more candidate cells (Zhang Fig.9 Para[0076,0081-82] A MAC-CE is used to trigger reporting).
Regarding claim 47, Zhang discloses the methods, the network device and the terminal as explained above for Claim 28. Zhang further discloses wherein the reporting configuration configures at least one of: a number of candidate cells, M, wherein M in an integer greater than or equal to 1 (Not given patentable weight due to non-selective option in the claim); whether to include reporting content of serving cell, wherein when the reporting content of the serving cell is included, the apparatus reports a measurement result from L serving cells and (M - L) candidate cells, wherein L is an integer greater than or equal to 1 (Not given patentable weight due to non-selective option in the claim); a Resource Signal Receiving Power (RSRP) (Zhang Para[0060] RSRP requested);a Signal to Interference plus Noise Ratio (SINR) (Zhang Para[0060] SINR requested);a CSI-RS resource indicator (CRI) (Not given patentable weight due to non-selective option in the claim); a SSB resource indicator (SSBRI) (Not given patentable weight due to non-selective option in the claim); or a cell identification (Not given patentable weight due to non-selective option in the claim).
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.
The factual inquiries for establishing a background for determining obviousness under 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.
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of RAMACHANDRA et al. (US 1234567, hereinafter referred to as “Rama”) - IDS.
Regarding claim 40, Zhang discloses the methods, the network device and the terminal as explained above for Claim 28. Zhang does not explicitly disclose wherein a number of measurement configurations for the one or more candidate cells, or a number of reporting configurations for the one or more candidate cells is based on a capability of the terminal device
However, Rama from the same field of invention discloses wherein a number of measurement configurations for the one or more candidate cells, or a number of reporting configurations for the one or more candidate cells is based on a capability of the terminal device (Rama Para[0035] Only subset of PCIs is sent to the WD (i.e. terminal) due to WD limited capability).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Zhang to have the feature of “wherein a number of measurement configurations for the one or more candidate cells, or a number of reporting configurations for the one or more candidate cells is based on a capability of the terminal device” as taught by Rama. The motivation would have been to for mobility enhanced reporting of cells (Rama Para[0002]).
Although specific columns, figures, reference numerals, lines of the reference(s), etc. have been referred to, Applicant should consider the entire applied prior art reference(s).
Additional References
The following prior arts are made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Patent Application Publication No. 2021/0289379 to Zhang (Fig.3 and associated paragraphs)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sudesh M. Patidar whose telephone number is (571)272-2768. The examiner can normally be reached M-F:: 10AM-6:30PM ET.
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/Sudesh M. Patidar/Primary Examiner, Art Unit 2415