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 Arguments
1. Applicant's arguments/amendments received on March 05, 2026 have been carefully considered but they are not persuasive because the teaching of all the cited reference reads on the rejected claims (1-5, 7-8, 10-11, 13, 15, and 18-20) as set forth in the previous rejection. Therefore, the finality of this Office Action is deemed proper.
Contrary to the assertions at pages 7 - 12 of the Arguments, claims 1 and 18 are not patentable.
During examination, the USPTO must give claims their broadest reasonable interpretation.
Re claims 1 and 18: Applicant argues Yiu et al. (US 2020/0045600) does not teach the limitation “receiving a request message from the network node for performing a transformation from a current configured MG pattern to a corresponding NCSG pattern or from a current configured NCSG pattern to a corresponding MG pattern”. However, the Examiner respectfully disagrees with Applicant’s assertion that Yiu does not teach the claimed invention. Contrary to Applicant’s assertion, the Examiner is of the opinion that Yiu teaches receiving a message, as UE capability signaling, indicating whether the UE supports Network Controlled Small Gap (NCSG) interruptions, the message including independent indications of whether the UE supports NCSG for the different plurality of component carriers, process signaling from the cellular wireless network indicating when NCSG interruptions are scheduled, and perform signal quality measurements based on the scheduled NCSG interruptions, and processing performing during the NCSG interruptions, radio frequency tuning, and then during the measurement duration in Band D, a measurement gap is needed on Serving Band B. However, during the measurement duration, the UE may be capable of receiving data on Serving Band A while performing measurements on another band, such as Band C. The UE may be capable of receiving data on Serving Band A while performing measurements on band C due to the implementation of multiple RF chains (i.e., multiple, parallel, RF processing circuits). However, short interruptions (gaps), implemented as the NCSGs, may be needed to perform RF tuning on the band in which the full measurement gap is not used (e.g., Serving Band A). For example, single subframe (e.g., 1 ms) interruptions, in which no data is transmitted, may be needed on Serving Band A before data can be transmitted or received during the measurement period on Band C, and Serving Band A, a 1 ms NCSG (interruption) is located in Service Band A (at the time corresponding to the beginning of the measurement period on band C) and a second 1 ms NCSG is located in Serving Band A at the time corresponding to the end of the measurement period on band C. During NCSGs, RF tuning may be performed in Serving Band A (see pages 8, paragraphs 91 – pages 9, paragraphs 101, Fig. 2, 3, 5, 9, and pages 3, paragraphs 38 - pages 4, paragraphs 42), regarding the claimed limitation. More specifically, the limitation “performing transformation from current MG pattern to corresponding NCSG pattern” does not require any specific detailing or indication for the claimed invention.
Applicant’s attention is directed to the rejection below for the reasons as to why this limitation is not patentable.
Claim Rejections - 35 USC § 102
2. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
3. Claims 1-5, 7-8, 10-11, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yiu3 et al. (US 2020/0045600).
Regarding claim 1, Yiu teaches that a method performed in a User Equipment (UE), in a New Radio (NR) (page 1, paragraphs 14 – 18 and Fig. 1). Yiu teaches that reporting (Fig. 4, 5 and pages 4, paragraphs 39 – 45, where teaches transmitting, as part of UE capability signaling, an indication of whether the UE supports NCSG), to a network node (eNB), a capability indicating whether the UE supports Network Controlled Small Gap (NCSG) (pages 4, paragraphs 39 – 45 and Fig. 4, 5, where teaches NCSG may be configured on a per-UE basis, and the UE may indicate, as part of UE capability signaling, whether the UE supports NCSG), using a bit indicator (pages 4, paragraphs 39 – 45 and Fig. 4, where teaches the field “ncsgNeedForInterruption” may indicate whether the UE can use NCSG for interruption control) together with Measurement Gap (MG), patterns supported by the UE (Fig. 5 and pages 4, paragraphs 45 - 47, where teaches UE may transmit, to the eNB, the NCSG gap preference information), or reporting, to the network node, NCSG patterns supported by the VE or one or more mandatory NCSG patterns supported by the UE using a number of bits (Fig. 5 and pages 3, paragraphs 38 – pages 4, paragraphs 47, where teaches it is apparent that all information is transmitted using a number of bits), receiving a request message from the network node (pages 8, paragraphs 91 – pages 9, paragraphs 101 and Fig. 5, 9, where teaches process signaling from the cellular wireless network indicating when NCSG interruptions are scheduled) for performing a transformation (Fig. 3 and pages 3, paragraphs 38 - pages 4, paragraphs 42, where teaches perform RF tuning on the band in which the full measurement gap is not used) from a current configured MG pattern to a corresponding NCSG pattern or from a current configured NCSG pattern to a corresponding MG pattern (Fig. 2, 3), determining parameters of the corresponding NCSG pattern or the corresponding MG pattern (Fig. 2, 3 and pages 3, paragraphs 34 – pages 4, paragraphs 39) based on a mapping rule between MG patterns and NCSG patterns (Fig. 2, 3 and pages 3, paragraphs 34 – pages 4, paragraphs 39) or from indication information received from the network node (Fig. 4, step 430, Fig. 5, step 540 and pages 4, paragraphs 40 - 47, where teaches scheduling the measurement gaps and/or NCSG interruptions), the MG patterns of the mapping rule include the MG patterns supported by the UE and the NCSG patterns of the mapping rule include the NCSG patterns supported by the UE (Fig. 5 and pages 4, paragraphs 40 - 47, where teaches the UE may transmit, to the eNB, the NCSG gap preference information and the NCSG patterns of the mapping rule include the NCSG patterns supported by the UE), and switching (Fig. 5 and pages 4, paragraphs 40 - 47, where teaches the UE may perform RF tuning, on the serving band, during the NCSG interruptions) to the corresponding NCSG pattern or the corresponding MG pattern for performing a measurement (Fig. 2, 3, 4, pages 3, paragraphs 34 - pages 4, paragraphs 47, and pages 8, paragraphs 91 – pages 9, paragraphs 101, where teaches perform signal quality measurements based on the scheduled NCSG interruptions).
Regarding claim 2, Yiu teaches that receiving the indication information from the network node for indicating which one of the MG patterns or which one of the NCSG patterns supported by the UE is to be used (Fig. 2, 3, 4 and pages 3, paragraphs 34 - pages 4, paragraphs 47).
Regarding claim 3, Yiu teaches that receiving, from the network node, the indication information comprising configuration information of the corresponding NCSG pattern or configuration information of the corresponding MG pattern (Fig. 2, 3, 4 and pages 3, paragraphs 34 - pages 4, paragraphs 47).
Regarding claim 4, Yiu teaches that switching to the corresponding NCSG pattern or the corresponding MG pattern within a transition time (ΔT) (time measurement) after the UE received the request message for transformation from the network node (Fig. 2, 3, 4 and pages 3, paragraphs 34 - pages 4, paragraphs 47).
Regarding claim 5, Yiu teaches that the mapping rule is defined to guarantee a Measurement Length (ML) of each NCSG pattern equal to an effective Measurement Gap Length (MGL) of each corresponding MG pattern (Fig. 2, 3, 4 and pages 3, paragraphs 34 - pages 4, paragraphs 47).
Regarding claim 7, Yiu teaches that the mapping rule is defined where the NCSG
patterns supported by the UE are a subset of the MG patterns supported by the UE (Fig. 2, 3, 4, pages 3, paragraphs 34 - pages 4, paragraphs 47, and pages 8, paragraphs 91 – pages 9, paragraphs 101).
Regarding claim 8, Yiu teaches that the mapping rule is defined by mapping one or more parameters of the MG pattern to one or more parameters of the corresponding NCSG pattern by a function (Fig. 5 and pages 4, paragraphs 40 - 47, where teaches the UE may transmit, to the eNB, the NCSG gap preference information and the NCSG patterns of the mapping rule include the NCSG patterns supported by the UE).
Regarding claim 10, Yiu teaches that the NCSG patterns supported by the UE correspond to mandatory MG patterns in the MG patterns supported by the UE (Fig. 2, 3, 4, pages 3, paragraphs 34 - pages 4, paragraphs 47, and pages 8, paragraphs 91 – pages 9, paragraphs 101).
Regarding claim 11, Yiu teaches that the one or more mandatory NCSG patterns are determined based on at least one of following criterions: Mandatory NCSG patterns are the patterns with the same effective Measurement Gap Length (MGL), MGL as in mandatory MG patterns, Mandatory NCSG patterns are the patterns with the same effective MGL as a sub- set of mandatory MG patterns, Mandatory NCSG patterns are the patterns whose Measurement Length ML and (VIL1 + VIL2) are related by a function, wherein VIL1 represents a Visible Interruption Length (VIL) before measurement, and VIL2 represents a VIL after measurement which is different from VIL1 or the same as VIL1, and Mandatory NCSG patterns are the patterns that the MGL of MG pattern and (VIL1+ VIL2) are related by a function (Fig. 2, 3, 4, pages 3, paragraphs 34 - pages 4, paragraphs 47, and pages 8, paragraphs 91 – pages 9, paragraphs 101).
Regarding claim 18, Yiu teaches all the limitation as discussed in claim 1.
Regarding claim 19, Yiu teaches all the limitation as discussed in claims 1 and 2.
Regarding claim 20, Yiu teaches all the limitation as discussed in claims 1 and 3.
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yiu in view of Tang et al. (US 2021/0410024).
Regarding claims 13 and 15, Yiu does not specifically disclose the limitation “determining a NCSG timing advance (NGTA) to guarantee the ML in the NCSG pattern aligned with the effective MGL in MG pattern, and the NGTA is determined based on the NCSG pattern and Measurement Gap Timing Advance (MGTA) configured for the MG pattern”. However, Tang teaches the limitation “determining a NCSG timing advance (NGTA) to guarantee the ML in the NCSG pattern aligned with the effective MGL in MG pattern, and the NGTA is determined based on the NCSG pattern and Measurement Gap Timing Advance (MGTA) configured for the MG pattern” (Fig. 4, 5 and pages 2, paragraphs 21 – pages 3, paragraphs 29, where teaches subframes of Serving Carrier 1 from subframe number i+1 to subframe number i+6 may be used as measurement gap that implying the timing advance is the same for both carriers. The NCSG may be implicitly configured on other serving carrier subframes of Serving Carrier 2 from subframe number j+1 to subframe number j+6. where no measurement gap is configured, with a visible interruption length VIL1 before the measurement length ML during which there is no gap, and a visible interruption length VIL2 after the measurement length ML, and a single NCSG pattern with NCSG Pattern ID #1 per Table 1 may be implicitly configured on one or more of the serving carriers where measurement gap is not configured. When UE measurement gap is configured on all serving carriers including the PCC and one or more SCCs, NCSG should not be configured, and the requirements apply if the gap on each serving cell is at least that which the UE has indicated with gap Indication in the perCC-ListGapIndication IE, and if the gapOffset, MGRP and MGL are the same for each serving component carrier. During the measurement gaps the UE). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Yiu’s network performance as taught by Tang, provide the motivation to achieve pertaining to network controlling small gap configuration in wireless communication system.
Allowable Subject Matter
6. Claims 6, 9, 12, 14, and 16-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record fails to disclose the limitation “the mapping rule is defined by 1-to-1 mapping each NCSG pattern to each MG pattern with a same or corresponding gap index, and wherein a Visible Interruption Repetition Period (VIRP) of each NCSG pattern has a same value as a Measurement Gap Repetition Period (MGRP) of each MG pattern with the same or corresponding gap index, and the effective MGL of the MG pattern equals to the MGL minus twice the switching time, wherein the switching time being used for the UE switching from a carrier of a serving cell to a carrier of a measured cell” as specified the claims.
7. THIS ACTION IS MADE FINAL. 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN J LEE whose telephone number is (571)272-7880. The examiner can normally be reached on Mon-Fri (8:00am-5:00pm).
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, Yuwen Pan can be reached on 571-272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO
Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
J.L
May 30, 2026
John J Lee
/JOHN J LEE/
Primary Examiner, Art Unit 2649
Prosecution Insights