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 .
Claim Rejections - 35 USC § 112
Claims 6 and 14 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 states a first parameter is associated with a first proportion. Claim 8 states receiving second indication information indicating the first parameter is associated with the proportion. It is unclear what is being received here, or how what this indication is. It is also unclear exactly how the indication indicates this relationship. Broadly speaking, anything that occurs in a system is associated with everything else unless there is express definition as to what the relationship is. The fact that the device, in claim 1, receives the parameter that is associated with the duration is thus being viewed as a second indication for purposes of examination.
Same issue for claim 14, with the first and second indications being reversed in claims 13 and 14 (second indication is in claim 13, first indication is claim 14).
Appropriate correction required.
Claim s 11 and 19 recites the limitation "the first measurement". There is insufficient antecedent basis for this limitation in the claim. Claims 1 and 15 discuss multiple measurements (l1 and l3), and there is no mention of “a first measurement”.
Appropriate correction required.
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.
Claim(s) 1-3, 5, 6, 8, 9, 13-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin US 2020/0107337.
Regarding claims 1 and 15, Lin teaches a method and an apparatus, comprising a processor; and a non-transitory memory storing instructions that, when executed by the processor, cause the apparatus to implement the method:
obtaining a first parameter associated with a first proportion of a first-time resource for a layer 1 measurement to a second time domain resource for a layer 3 measurement (measurement factor “P” (i.e. first parameter) is determine which is associated with the overlapping SMTC and SSB-based L1-RSRP measurement with respect to time; Paragraphs 44-45, Figures 6 and 7. Paragraph 8 talks about the L1-RSRP overlapping with SSB measurement timing configuration SMTC (i.e. layer 3 measurement)), wherein the second time domain resource is at least part of an overlapping resource between a time domain resource on which a reference signal of a serving cell is located and a configured time domain resource for one or more layer 3 measurements (measurements are performed with respect to all serving cells; Paragraph 23, see also paragraph 26 and 36 which teaches the UE determining a period based on the factor P. Paragraphs 44-45 and Figures 6-7 show multiple time periods (20ms and 40ms) that overlap. Thus the RSRP of a serving cell would be in a position that overlaps with a configured time domain resource for the layer-3 (SSB) measurements);
determining first duration based on the first parameter (the measurement period is based on the measurement factor P; Paragraph 36, see also paragraph 46 steps 802 and 803); and
performing the layer 1 measurement on the reference signal of the serving cell within the first duration, to obtain at least one measurement result (Step 804 paragraph 46 teaches performing the L1-RSRP measurement during the measurement period).
Regarding claims 2 and 16, Lin teaches the first parameter includes obtaining the first parameter when a first target condition is met, wherein the condition includes a beam failure occurring (Paragraph 23 states that in response to beam failures CBD is triggered which then has the device performing L1_RSRP measurements).
Regarding claim 3, Lin teaches receiving from the RAN device, a indication information indication the first proportion (the device receives information with respect to the 20ms and 40ms time periods (durations); Paragraphs 44-45 see also Figures 6 and 7).
Regarding claim 5, Lin teaches the first parameter is equal to the first proportion and both are 1 (the measurement factor P is used to determine L1-RSRP measurement with respect to time; Paragraph 6 and see also Paragraphs 44-45, Figures 6 and 7. The duration of the measurement period is extended by the factor P, thus the duration is the same value as the factor P. The Examiner equates this to being a value of “1”.
Regarding claim 6, Lin teaches receiving second signaling indicating the first parameter is associated with the first proportion (the measurement factor P is used to determine L1-RSRP measurement with respect to time; Paragraph 6 and see also Paragraphs 44-45, Figures 6 and 7. The duration of the measurement period is extended by the factor P, thus the duration is the same value as the factor P).
Regarding claims 8 and 17, Lin teaches CSI-RS or SSB based measurements for SMTC occasions to a first measurement object or time domain resource for a measurement gap (Paragraphs 25-26 and 44-45 disclose CSI-RS measuring and SSB-based/SMTC measurements for a measurement gap. The object is viewed as what’s being measured during the gap).
Regarding claims 9 and 18, Lin teaches the SMTC occasion is duration of a measurement window configured by an SMTC related to the MO and the SSB/CSI-RS is transmitted in the measurement window configured by SMTC (Paragraphs 25-26 and 44-45 discloses transmitting SSB and CSI-RS and performing measurements during the measurement period set by SMTC for a measurement gap (for example the 20ms, 40ms). The object is viewed as what’s being measured during the gap).
Regarding claim 13, Lin teaches a method for wireless communications, the method comprising:
obtaining second indication information indicating that a first parameter is associated with a first proportion, wherein the first parameter is for determining first duration of a layer 1 measurement, the first proportion is a proportion of a first time resource for the layer 1 measurement to a second time domain resource for a layer 3 measurement, and the second time domain resource is at least part of an overlapping resource between a time domain resource on which a reference signal of a serving cell is located and a configured time domain resource for one or more layer 3 measurements and sending the second indication information to a terminal device (measurement factor “P” (i.e. first parameter) is determined which is associated with the overlapping SMTC and SSB-based L1-RSRP measurement with respect to time; Paragraphs 44-45, Figures 6 and 7. Paragraph 8 talks about the L1-RSRP overlapping with SSB measurement timing configuration SMTC (i.e. layer 3 measurement)), wherein the second time domain resource is at least part of an overlapping resource between a time domain resource on which a reference signal of a serving cell is located and a configured time domain resource for one or more layer 3 measurements (measurements are performed with respect to all serving cells; Paragraph 23, see also paragraph 26 and 36 which teaches the UE determining a period based on the factor P. Paragraphs 44-45 and Figures 6-7 show multiple time periods (20ms and 40ms) that overlap. Thus the RSRP of a serving cell would be in a position that overlaps with a configured time domain resource for the layer-3 (SSB) measurements. Step 801 of Figure 8 (and paragraph 46) teach this information which is determined is transmit to the UE).
Regarding claim 14, Lin teaches receiving second signaling indicating the first parameter is associated with the first proportion (the measurement factor P is used to determine L1-RSRP measurement with respect to time; Paragraph 6 and see also Paragraphs 44-45, Figures 6 and 7. The duration of the measurement period is extended by the factor P, thus the duration is the same value as the factor P).
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.
Claim(s) 11, 12, 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Matsumura et al. “Matsumura” US 2023/0063137.
Regarding claims 11 and 19, While Lin teaches performing, based on a period of the RS of the serving cell, the first measurement on the RS of the serving cell within the first duration ((Step 804 paragraph 46 teaches performing the L1-RSRP measurement during the measurement period).
Lin does not expressly disclose DRX being connected to L1 measurements; however, Matsumura teaches performing L1-RSRP measurements when DRX is configured (Paragraphs 120-127, in particular 127 which talks about L1-RSRP measurements and DRX cycle lengths).
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Lin to include the L1 measurements to be associated with DRX configurations as taught by Matsumura.
One would be motivated to make the modification such that the measurements could be performed for L1-RSRP with respect to DRX cycle lengths as taught by Matsumura; Paragraph 127.
Regarding claims 12 and 20, While Lin teaches determining the duration based on the parameter, Lin does not also determine the duration based on the DRX cycle. Matsumura teaches performing L1-RSRP measurements when DRX is configured (Paragraphs 120-127, in particular 127 which talks about L1-RSRP measurements and DRX cycle lengths).
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Lin to include the L1 measurements to be associated with duration as taught by Matsumura.
One would be motivated to make the modification such that the measurements could be performed for L1-RSRP with respect to DRX cycle lengths as taught by Matsumura; Paragraph 127.
Allowable Subject Matter
Claims 4, 7, 10 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON M RENNER whose telephone number is (571)270-3621. The examiner can normally be reached Monday-Friday 7am-5pm EST.
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/BRANDON M RENNER/Primary Examiner, Art Unit 2411