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 § 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) 1-3,10-11,18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tang to (WO2023014267 A1)
Regarding claims 1,10, Tang teaches a terminal device, comprising a processor and a memory,(page 53, discloses A user equipment (UE) comprising: an antenna configured to send and receive wireless signals; radio front-end circuitry connected to the antenna and to processing circuitry, and configured to condition signals communicated between the antenna and the processing circuitry) and method for measurement gap enhancement, comprising: receiving, by a terminal device, configuration information of concurrent gaps, ((Page 42, lines 1-5 discloses when the wireless device obtains information that concurrent measurement gaps has been configured) wherein the concurrent gaps comprise a plurality of measurement gaps,(page 42, line 20-25discloses a first measurement of the measurements is being performed according to MG1 prior to transitioning from MG1 to MG2, and the wireless device continues the first measurement of the measurements using MG2 after transitioning from MG1 to MG2) at least part of the plurality of measurement gaps are preconfigured measurement gaps, and the preconfigured measurement gaps are capable of being activated or deactivated(Page 42, lines 1-25 discloses when the wireless device obtains information that concurrent measurement gaps has been configured/activated or deconfigured/deactivated. Based on the information that concurrent measurement gaps being configured/activated or deconfigured/deactivated, the wireless device transitions measurements performed on at least one MO from a first measurement gap pattern (MG1) to a second measurement gap pattern (MG2) during a measurement period).
Regarding claim 18, Tang teaches a network device(fig.11), comprising a processor and a memory, wherein the memory is configured to store a computer program, and the processor is configured to call and run the computer program stored in the memory to perform operation of(page 33, discloses he network node 900 includes a processing circuitry 902, a memory 904, a communication interface 906, and a power source 908. The network node 900 may be composed of multiple physically separate components): sending configuration information of concurrent gaps,(page 43, lines 6-13 discloses a method by a network node… transmitting, to a wireless device, information indicating that concurrent measurement gaps has been configured/activated or deconfigured/deactivated to trigger the wireless device to transition measurements performed on at least one MO from a MG1 to a MG2 during a measurement period) wherein the concurrent gaps comprise a plurality of measurement gaps,(page 43, lines 6-13 discloses a method by a network node… transition measurements performed on at least one MO from a MG1 to a MG2 during a measurement period at least part of the plurality of measurement gaps are preconfigured measurement gaps, and the preconfigured measurement gaps are capable of being activated or deactivated(page 43, lines 6-13 discloses configured/activated or deconfigured/deactivated to trigger the wireless device to transition measurements performed on at least one MO from a MG1 to a MG2 during a measurement period) .
Regarding claims 2,11,19 Tang teaches a number of per FR1 gaps in the plurality of measurement gaps is smaller than or equal to a third number; or a number of per FR2 gaps in the plurality of measurement gaps is smaller than or equal to a fourth number(page 2, lines 5-14 discloses then configured with per-FR MGP (if UE supports this capability), the UE creates gaps only on the serving cells of the indicated FR whose carriers are to be measured. For example, if the UE is configured with per-FR1 MGP, the UE creates measurement gaps only on serving cells (e.g., PCell, PSCell, SCells, etc.) of FR1 while no gaps are created on serving cells on carriers of FR2. The per-FR1 gaps can be used for measurement on cells of only FR1 carriers. Similarly, when per-FR2 gaps are configured for only FR2 serving cells, the per-FR2 gaps may be used for measurement on cells of only FR2 carriers. Support for per FR gaps is a UE capability. Thus, certain UEs may only support per UE gaps according to their capability).
Regarding claims 3,20 Tang teaches a number of activated per FR1 gaps is smaller than or equal to a seventh number; or a number of activated per FR2 gaps in the plurality of measurement gaps is smaller than or equal to an eighth number(page 2, lines 5-14 discloses then configured with per-FR MGP (if UE supports this capability), the UE creates gaps only on the serving cells of the indicated FR whose carriers are to be measured. For example, if the UE is configured with per-FR1 MGP, the UE creates measurement gaps only on serving cells (e.g., PCell, PSCell, SCells, etc.) of FR1 while no gaps are created on serving cells on carriers of FR2. The per-FR1 gaps can be used for measurement on cells of only FR1 carriers. Similarly, when per-FR2 gaps are configured for only FR2 serving cells, the per-FR2 gaps may be used for measurement on cells of only FR2 carriers. Support for per FR gaps is a UE capability. Thus, certain UEs may only support per UE gaps according to their capability).
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.
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(s) 4-9,12-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tang to (WO2023014267A1) in view of Huang to (WO2023023037A1)
Regarding claim 4, Tang does not explicitly teach wherein the number of activated per UE gaps is equal to a number of activated first-type preconfigured measurement gaps; wherein the first-type preconfigured measurement gaps are preconfigured measurement gaps that are per UE gaps, and the first-type legacy measurement gaps are legacy measurement gaps that are per UE gaps
However, Huang teaches wherein the number of activated per UE gaps is equal to a number of activated first-type preconfigured measurement gaps; wherein the first-type preconfigured measurement gaps are preconfigured measurement gaps that are per UE gaps, and the first-type legacy measurement gaps are legacy measurement gaps that are per UE gaps([0077] It is still questionable whether a concurrent gap may be configured together with a legacy gap (i.e., a gap without associated frequency layer(s)). In addition, whether some of the concurrent gaps may be configured without an associated frequency layer is still at issue; if yes, a further question of how the UE uses the concurrent gaps together with gap without the associated frequency layer arises. Moreover, the number of concurrent gaps able to be configured is still an issues, as is whether concurrent gaps may be configured with different gap types (i.e., whether some gaps may be per-UE while others are Per-FR). In addition, the impact to the gap sharing configuration (MeasGapSharingConfig) due to concurrent gap is unclear, such as whether a multiple gap sharing configuration is able to be employed, as well as the applicability to Universal Terrestrial Radio Access (UTRA). [0078] Pre-configured gap)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of Tang include wherein the number of activated per UE gaps is equal to a number of activated first-type preconfigured measurement gaps; wherein the first-type preconfigured measurement gaps are preconfigured measurement gaps that are per UE gaps, and the first-type legacy measurement gaps are legacy measurement gaps that are per UE gaps, as suggested by Huang. This modification would benefit the system to establish a reliable connection.
Regarding claims 5,12 Tang and Huang teaches receiving, by the terminal device, first indication information, wherein the first indication information is used for indicating: for each of N bandwidth parts (BWPs), whether the preconfigured measurement gaps are activated when the BWP is activated, N being a positive integer( Huang [0078] Pre-configured gap: [0079] … the BWP status is signalled to the UE. The UE then follows the gap activation/deactivation rule based on the BWP status. In case 5, the network indicates a pre-configured gap (A) via RRC signaling to the UE. Both the UE and the network may determine if the measurement gap is activated when the BWP is not overlapped with an SSB. The pre-configured measurement gap configuration parameters such as MGRP, MGL etc. may be the same as Rel-16 legacy measurement gap configuration parameters, there are different way to configure the pre-configured measurement gap: reuse the legacy measurement gap and use 1 bit to differentiate the pre- configured measurement gap, reuse the legacy measurement gap and use the BWP status to differentiate the pre-configured measurement gap, or not reuse the legacy measurement gap).
Regarding claims 6,13 Tang and Huang teaches acquiring, by the terminal device, first configuration information, wherein the first configuration information is used for configuring an associated measurement configuration corresponding to the preconfigured measurement gaps, and the associated measurement configuration is used for determining a use case associated with the preconfigured measurement gaps([0074] For the pre-configured measurement gap, the usefulness of MAC- CE based activation/deactivation has not been determined, and thus RAN2 prefers to not support such a mechanism. Issues regarding whether an FR1 gap and FR2 gap can be configured simultaneously in a pre-configured measurement gap, as well as whether a legacy measurement gap and pre-configured measurement gap be configured simultaneously still exist. A legacy measurement gap is configured by the gNB and immediately activated. A pre- configured measurement gap, on the other hand, may be configured by the gNB in a deactivated state then activated (or, deactivated if activated) in response to the UE demand for measurement within, or out of, the measurement gap. [0075] Concurrent gaps are multiple measurement gaps, each concurrent gap pattern may be associated with one or more frequency layers. Each frequency layer can be associated with only one concurrent gap. Without considering the pre-configured measurement gap, concurrent gaps are always activated if set up by the network. No new gap pattern is introduced for a concurrent gap as the existing R15/R16 gap pattern may be configured for the concurrent gaps).
Regarding claim 7, Tang and Huang teaches wherein in a case that a number of the preconfigured measurement gaps is more than one, the first configuration information is used for configuring a corresponding associated measurement configuration for each of the preconfigured measurement gaps( Huang [0079] … the BWP status is signalled to the UE. The UE then follows the gap activation/deactivation rule based on the BWP status. In case 5, the network indicates a pre-configured gap (A) via RRC signaling to the UE. Both the UE and the network may determine if the measurement gap is activated when the BWP is not overlapped with an SSB. The pre-configured measurement gap configuration parameters such as MGRP, MGL etc. may be the same as Rel-16 legacy measurement gap configuration parameters, there are different way to configure the pre-configured measurement gap: reuse the legacy measurement gap and use 1 bit to differentiate the pre- configured measurement gap, reuse the legacy measurement gap and use the BWP status to differentiate the pre-configured measurement gap, or not reuse the legacy measurement gap)..
Regarding claim 8, Tang and Huang teaches wherein in a case that the first configuration information is configured by the RRC signaling, the first configuration information is carried in an RRC signaling for configuring measurement configuration information(Huang [0079] … the BWP status is signalled to the UE. The UE then follows the gap activation/deactivation rule based on the BWP status. In case 5, the network indicates a pre-configured gap (A) via RRC signaling to the UE).
Regarding claims 9,14 Tang and Huang teaches wherein all of the plurality of measurement gaps are preconfigured measurement gaps; and in a case that a BWP is switched: when a measurement object does not change, the associated measurement configuration corresponding to the preconfigured measurement gaps does not change; and when the measurement object changes, the associated measurement configuration corresponding to the preconfigured measurement gaps is determined based on a network configuration(Huang ,[0062] A fast measurement gap configuration for a pre-configured measurement gap pattern has been approved in RAN4, RAN2. The Radio Resource Measurement requirements for the pre-configured measurement gap pattern include the mechanisms, rules, and behavior for activation/deactivation of the measurement gap following a downlink control information (DCI) or timer-based BWP switch, e.g., per BWP measurement gap configuration, as well as the measurement period requirements with the measurement gap pattern in the presence of one or more BWP switches per measurement period, and applicability, procedures and signaling for the measurement gap pattern).
Regarding claim 15, Tang and Huang teaches wherein the processor is further configured to: receive second configuration information, wherein the second configuration information is used for configuring: for each of M bandwidth parts (BWPs), an associated measurement configuration corresponding to the preconfigured measurement gaps when the BWP is activated, M being a positive integer( Huang [0078] Pre-configured gap: [0079] … the BWP status is signalled to the UE. The UE then follows the gap activation/deactivation rule based on the BWP status. In case 5, the network indicates a pre-configured gap (A) via RRC signaling to the UE. Both the UE and the network may determine if the measurement gap is activated when the BWP is not overlapped with an SSB. The pre-configured measurement gap configuration parameters such as MGRP, MGL etc. may be the same as Rel-16 legacy measurement gap configuration parameters, there are different way to configure the pre-configured measurement gap: reuse the legacy measurement gap and use 1 bit to differentiate the pre- configured measurement gap, reuse the legacy measurement gap and use the BWP status to differentiate the pre-configured measurement gap, or not reuse the legacy measurement gap).
Regarding claim 16, Tang and Huang teaches wherein the processor is further configured to: receive second configuration information, wherein the second configuration information is used for configuring an associated measurement configuration corresponding to the preconfigured measurement gaps, (Huang ,[0062] A fast measurement gap configuration for a pre-configured measurement gap pattern has been approved in RAN4, RAN2. The Radio Resource Measurement requirements for the pre-configured measurement gap pattern include the mechanisms, rules, and behavior for activation/deactivation of the measurement gap following a downlink control information (DCI) or timer-based BWP switch, e.g., per BWP measurement gap configuration, as well as the measurement period requirements with the measurement gap pattern in the presence of one or more BWP switches per measurement period, and applicability, procedures and signaling for the measurement gap pattern)the second configuration information is carried in a measurement gap configuration corresponding to the preconfigured measurement gaps, and the associated measurement configuration corresponding to the preconfigured measurement gaps does not change when a BWP is switched(Huang ,[0062] A fast measurement gap configuration for a pre-configured measurement gap pattern has been approved in RAN4, RAN2. The Radio Resource Measurement requirements for the pre-configured measurement gap pattern include the mechanisms, rules, and behavior for activation/deactivation of the measurement gap following a downlink control information (DCI) or timer-based BWP switch, e.g., per BWP measurement gap configuration, as well as the measurement period requirements with the measurement gap pattern in the presence of one or more BWP switches per measurement period, and applicability, procedures and signaling for the measurement gap pattern).
Regarding claim 17, Tang and Huang teaches wherein the processor is further configured to: receive third configuration information, wherein the third configuration information is used for configuring: for each of M bandwidth parts (BWPs), an associated measurement configuration corresponding to the legacy measurement gaps when the BWP is activated, M being a positive integer( Huang [0078] Pre-configured gap: [0079] … the BWP status is signalled to the UE. The UE then follows the gap activation/deactivation rule based on the BWP status. In case 5, the network indicates a pre-configured gap (A) via RRC signaling to the UE. Both the UE and the network may determine if the measurement gap is activated when the BWP is not overlapped with an SSB. The pre-configured measurement gap configuration parameters such as MGRP, MGL etc. may be the same as Rel-16 legacy measurement gap configuration parameters, there are different way to configure the pre-configured measurement gap: reuse the legacy measurement gap and use 1 bit to differentiate the pre- configured measurement gap, reuse the legacy measurement gap and use the BWP status to differentiate the pre-configured measurement gap, or not reuse the legacy measurement gap).
Conclusion
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/ZEWDU A BEYEN/Primary Examiner, Art Unit 2461