Prosecution Insights
Last updated: August 17, 2026
Application No. 18/624,893

METHOD AND SYSTEM FOR CONFIGURING MEASUREMENT GAPS IN WIRELESS NETWORK

Final Rejection §101§103§112
Filed
Apr 02, 2024
Priority
Apr 04, 2023 — IN 202341025562
Examiner
PATEL, HARESH N
Art Unit
2496
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
641 granted / 825 resolved
+19.7% vs TC avg
Strong +22% interview lift
Without
With
+21.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
17 currently pending
Career history
866
Total Applications
across all art units

Statute-Specific Performance

§101
16.6%
-23.4% vs TC avg
§103
41.4%
+1.4% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
11.4%
-28.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 825 resolved cases

Office Action

§101 §103 §112
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 . DETAILED ACTION Status of Claims Claims 1-20 are subject to examination. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Amended claims, 1-5, 11-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-5, 11-15 are drawn to a method/UE, which is a statutory category of invention (Step 1: YES). Independent claims 1, 11, recite, receiving configuration information, determining a measurement gap, performing anL1 measurement, which falls within the “Certain Methods of Organizing Activity” grouping of abstract ideas. Accordingly, the claims recite an abstract idea (Step 2A Prong One: YES). The recited limitations, as drafted, under their broadest reasonable interpretation, also can be performed mentally, which falls within the “Mental Processes”. Please see MPEP, B A Claim That Encompasses a Human Performing the Step(s) Mentally With or Without a Physical Aid Recites a Mental Process, C A Claim That Requires a Computer May Still Recite a Mental Process, D Both Product and Process Claims May Recite a Mental Process, III. MENTAL PROCESSES, MPEP 2106.04(a)(2), The judicial exception is not integrated into a practical application. The claims are abstract but for the inclusion of the additional elements including “UE”, “base station”, “RRC”, “LTM”, “L1”, are additional elements that are recited at a high level of generality (e.g., that the receiving, determining, performing, is no more than a statement that software instructions are executed to perform the claimed limitations). They amount to no more than mere instructions to apply the exception using generic computer components. See: MPEP 2106.05(f). The claimed “UE”, “base station”, “RRC”, “LTM”, “L1” are generic. Hence, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Accordingly, the claims are directed to an abstract idea (Step 2A Prong Two: NO). The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, using the additional elements to perform the abstract idea amounts to no more than mere instructions to apply the exception using generic components. Mere instructions to apply an exception using a generic component cannot provide an inventive concept. See MPEP 2106.05(f). Further, the claimed additional elements, identified above, are not sufficient to amount to significantly more than the judicial exception because they are generic components that are configured to perform well-understood, routine, and conventional activities previously known to the industry. See MPEP 2106.05(d). Said additional elements are recited at a high level of generality and provide conventional functions that do not add meaningful limits to practicing the abstract idea. The communication industry generically uses “UE”, “base station”, “RRC”, “LTM”, “L1” for the users. Viewing the limitations as an ordered combination, the claims simply use the additional elements to implement the concept described above in the identification of abstract idea with communicating information and performing the measurement, conventional activity specified at a high level of generality in a particular technological environment. Hence, the claims as a whole, considering the additional elements individually and as an ordered combination, do not amount to significantly more than the abstract idea (Step 2B: NO). Dependent claims 2-5, 12-15, when analyzed as a whole, considering the additional elements individually and/or as an ordered combination, are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitations fail to establish that the claims are directed to an abstract idea without significantly more. These claims fail to remedy the deficiencies of their parent claims above, and therefore rejected for at least the same rationale as applied to their parent claims above, and incorporated herein. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 5, 10, 15, 20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims, 1, 6, 11, 16, contains, performing an L1 measurement for an inter-frequency within the measurement gap for the LTM. Claims 5, 10, 15, 20 claims an inter-frequency L1 measurement without the measurement gap. Hence, claims do not further limit the “performing an L1 measurement for an inter-frequency within the measurement gap for the LTM”. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 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 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 of this title, 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) 1, 3, 11, 13, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al., 10355766, Samsung in view of ZHOU et al., 20220014997 and Chun-Fan Tsai, 20210211953. Referring to claim(s) 1, Lee-Samsung substantially discloses a method performed by a user equipment (UE) supporting a layer triggered mobility in a wireless communication system, the method comprising: ( (53) In the present disclosure, the reference signal for the handover or the cell re-selection may refer to a reference signal for layer-3 (L3) mobility. Particularly, the UE may perform a Radio Resource Management (RRM) measurement based on the above-described reference signal, and use a result of the RRM measurement for L3 mobility, col., 8, lines 38-42) receiving, from a base station, (36) Referring to FIG. 1, a wireless environment 100 may include a TRP 110, a TRP 120, a TRP 130, and/or a UE 140. Each of the TRP 110, the TRP 120, and the TRP 130 may be a fixed device. In some embodiments, each of the TRP 110, the TRP 120, and the TRP 130 may be a next generation node B (gNB). Each of the TRP 110, the TRP 120, and the TRP 130 may be referred to as a base station, an enhanced node B (eNB), or an Access Point (AP). In some embodiments, each of the TRP 110, the TRP 120, and the TRP 130 may be a device pertaining to one eNB. For example, each of the TRP 110, the TRP 120, and the TRP 130 may be a device connected to or combined with one eNB operationally or functionally, col., 6, lines 18-25 (37) At least one TRP of the TRP 110, the TRP 120, and the TRP 130 may be a device that provides a wireless communication service to the UE 140, col., 6, lines 33-38 a radio resource control (RRC) message including measurement gap configuration information and configuration information ( In some embodiments, the reference signal configuration may be included in a Radio Resource Control (RRC) message transmitted from the TRP 410. For example, the reference signal configuration may be included in the RRC message transmitted in response to switching of the beam mode of the TRP 410. In some embodiments, the RRC message may include common information for UEs. In some embodiments, the RRC message may include information dedicated for a specific UE. In some embodiments, the RRC message may include both the common information for UEs and the information dedicated for the specific UE, col., 17, lines 30-38, For example, the measurement configuration may include one or more pieces of data on a physical cell ID of the cell to which the second TRP 620 pertains, data on an offset of the cell to which the second TRP 620 pertains, and data on a condition under which a measurement report on the second TRP 620 is transmitted, col., 19, lines 55-65 determining a measurement gap for the LTM based on the measurement gap configuration information and performing an layer measurement for an inter-frequency within the measurement gap for the LTM ( (177) In step S706, the first TRP 710 may transmit an RRC message containing a measurement configuration including a measurement gap configuration for the second TRP 720 to the UE 730. Since the center frequency of the cell to which the second TRP 720 pertains is different from the center frequency of the cell to which the first TRP 710 pertains, the first TRP 710 may transmit an RRC message containing a measurement configuration including a measurement gap configuration set to measure a reference signal of the second TRP 720 to the UE 730. In some embodiments, the measurement gap configuration may include a duration time (that is, measurement gap duration) required for performing the measurement on the second TRP 720. The measurement gap duration time may be determined based on a time required for receive beam sweeping of the UE 730. Further, the measurement gap duration time may be determined based on a beam mode of the second TRP 720. In addition, the measurement gap duration time may be determined based on a time required for beam sweeping of the second TRP 720, col., 7, lines 30-43 The measurement configuration may contain a measurement window periodicity, a measurement duration, and offset (measurement window offset) information for indicating a time point on a time axis at which the measurement window starts. All the above-described measurement configuration information may be identically contained when the second TRP 340 is a TRP having an intra or inter-frequency. This is identically applied to all the measurement configurations used in the present document. When the second TRP 340 is a TRP having the inter-frequency, the measurement configuration may further contain a measurement gap configuration that is information for indicating a time point at which the reference signal transmitted from the second TRP 340 is received. The measurement gap information may be information that is the same as the above-described measurement duration, and may be certainly contained in the measurement configuration even when the second TRP 340 is a TRP having the intra-frequency, col., 12, lines 1-20 (127) In step S607, the UE 630 may transmit a measurement report containing a result of the measurement for the second TRP 620 to the first TRP 610 col., 20, lines 25-28. Lee-Samsung does not specifically mention about, which is well-known in the art, which Zhou discloses, Layer 1, Layer 2, layer 1 (L1)/layer 2 (L2) triggered mobility ( 0075] To enable L1 (e.g., physical (PHY) layer)/L2 (e.g., medium access control (MAC) layer) based inter-cell mobility, a base station (BS), such as a next generation Node B (gNB), may need to know whether a UE supports L1/L2 based inter-cell mobility. L1/L2 based inter-cell mobility may include various operating modes. In a first operating mode, each serving cell may have a PCI and multiple physical cell sites (e.g., remote radio headers (RRHs)). Each RRH may transmit a different set of SSB IDs using the same PCI. A DCI or MAC-control element (MAC-CE) may select which RRH or corresponding SSB to serve the UE based on signal strength metrics (e.g., reference signal received power (RSRP)) per reported SSB ID. [0084] Aspects of the present disclosure provide techniques that may help enhance HO procedures using L1/L2 inter-cell mobility signaling by introducing RACH. L1/L2 signaling may be used for HO signaling rather than radio resource control (RRC) signaling which typically has a higher associated latency than L1/L2 signaling. According to certain aspects described herein, the L1/L2 HO procedure may involve transmitting a random access signal on an uplink (UL) resource configured for a target PCI. In some embodiments, the RACH based L1/L2 mobility and legacy CHO may both be enabled to provide backup should the initially performed procedure fail (e.g., if a gNB fails to receive a HO complete message in a RACH based L1/L2 mobility procedure, the UE may subsequently initiate CHO given an HO condition is satisfied) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known Layer 1, Layer 2 and layer 1 (L1)/layer 2 (L2) triggered mobility. Based on whether a UE supports L1/L2 based inter-cell mobility, L1/L2 based inter-cell mobility may include various operating modes the RACH based L1/L2 mobility and legacy CHO may both be enabled to provide backup should the initially performed procedure fail (e.g., if a gNB fails to receive a HO complete message in a RACH based L1/L2 mobility procedure, the UE may subsequently initiate CHO, para 84. Lee-Samsung and Zhou do not specifically mention about, which is well-known in the art, which Tsai discloses, LTM configuration information (para 22, 75). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known LTM configuration information (L1 parameter). Based on the L1 parameter of the RRC message the UE would enable determining whether the measurement gap requirement information is changed compared to last time for further action, para 75. Referring to claim 3, ZHOU discloses wherein the L1 measurement is performed based on a synchronization signal block (SSB) ( [0075] To enable L1 (e.g., physical (PHY) layer)/L2 (e.g., medium access control (MAC) layer) based inter-cell mobility, a base station (BS), such as a next generation Node B (gNB), may need to know whether a UE supports L1/L2 based inter-cell mobility. L1/L2 based inter-cell mobility may include various operating modes. In a first operating mode, each serving cell may have a PCI and multiple physical cell sites (e.g., remote radio headers (RRHs)). Each RRH may transmit a different set of SSB IDs using the same PCI. A DCI or MAC-control element (MAC-CE) may select which RRH or corresponding SSB to serve the UE based on signal strength metrics (e.g., reference signal received power (RSRP)) per reported SSB ID. Referring to claim 11, the UE/apparatus of claim 11 is similarly analyzed and rejected for the same rationale as the method claim 1. Referring to claim 13, the UE/apparatus of claim 13 is similarly analyzed and rejected for the same rationale as the method claim 3. Claim(s) 2, 12, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of ZHOU, Tsai and Chen et at al., 20240032008. Referring to claim(s) 2, 12, Lee-Samsung, Zhou, Tsai do not disclose which Chen discloses measurement gap configuration information per frequency or second measurement gap configuration information for a UE (para 38, 39). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known configuration information. Based on the parameter of the RRC message the UE would enable determining whether the measurement gap requirement information is changed compared to last time for further action, para 38, 39. Referring to claim 12, the UE/apparatus of claim 12 is similarly analyzed and rejected for the same rationale as the method claim 2. Claim(s) 4, 14, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al., 10355766, Samsung in view of ZHOU, Tsai and CHENG et al., TW 202114446 A. Referring to claim(s) 4, Lee-Samsung, Tsai and Zhou do not disclose, which Cheng discloses, wherein the RRC message further includes first information indicating a measurement gap sharing scheme applying to the measurement gap ( the gap pattern includes a measurement gap configuration, a measurement gap sharing configuration, or any combination thereof, 3rd para, page 27. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known measurement gap sharing scheme. The measurement gap sharing scheme is a crucial aspect of 5G New Radio (NR) and is essential for efficient Radio Link Management (RLM), Mobility (Handover/Cell Reselection), and Dual Connectivity (EN-DC/MR-DC) operations. It involves pre-configured time intervals where the User Equipment (UE) suspends normal data reception and processing activities to perform measurements on other radio frequencies or radio access technologies (RATs). This mechanism ensures simultaneous transmission/reception and efficient measurements, which are critical for the performance of 5G networks. The scheme includes intra-frequency measurement gaps, inter-frequency measurement gaps, and inter-RAT measurement gaps, each serving different purposes and organized into patterns that repeat periodically. The duration and repetition of these gaps are defined by the gNB using the RRC protocol, and they are organized into patterns that repeat periodically. Hence, it would enable ensuring simultaneous transmission/reception and efficient measurements, 3rd para, page 27. Referring to claim 14, the UE/apparatus of claim 14 is similarly analyzed and rejected for the same rationale as the method claim 14. Claim(s) 5, 15, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al., 10355766, Samsung in view of ZHOU, Tsai and CABRERA et al., 20240129904 and Chen et al., 20240032008 . Referring to claim(s) 5, Lee-Samsung and Zhou do not disclose, which CABRERA discloses, transmitting, to the base station, UE capability information for the L1 measurement on the inter-frequency associated with the measurement gap ( [0263] signaling indicating UE capability information; receiving, from the base station, control signaling indicating a measurement gap sequence configuration based at least in part on the UE capability information; determining a measurement gap occasion based at least in part on the measurement gap sequence configuration, the measurement gap occasion including one or more of a first measurement gap occasion associated with a first measurement gap sequence, a second measurement gap occasion associated with a second measurement gap sequence, or a combination of the first measurement gap occasion and the second measurement gap occasion; and performing a set of channel measurements during the determined measurement gap occasion. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known UE capability information. It would enable determining a measurement gap occasion based on the measurement gap sequence configuration, and performing a set of channel measurements during the determined measurement gap occasion, para 263. Lee-Samsung, CABRERA, Tsai and Zhou do not disclose, which Chen discloses, indicating whether the UE supports an inter-frequency L1 measurement without the measurement gap (para 38, 39). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known configuration information. Based on the parameter of the RRC message the UE would enable determining whether the measurement gap requirement information is changed compared to last time for further action, para 38, 39 Referring to claim 15, the UE/apparatus of claim 15 is similarly analyzed and rejected for the same rationale as the method claim 5. Claim(s) 6, 8, 16, 18, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al., 10355766, Samsung in view of ZHOU et al., 20220014997 and Tsai. Referring to claim(s) 6, Lee-Samsung substantially discloses A method performed by a base station supporting a layer triggered mobility in a wireless communication system, the method comprising: ( PNG media_image1.png 436 346 media_image1.png Greyscale (53) In the present disclosure, the reference signal for the handover or the cell re-selection may refer to a reference signal for layer-3 (L3) mobility. Particularly, the UE may perform a Radio Resource Management (RRM) measurement based on the above-described reference signal, and use a result of the RRM measurement for L3 mobility, col., 8, lines 38-42) transmitting, to a user equipment (UE), (36) Referring to FIG. 1, a wireless environment 100 may include a TRP 110, a TRP 120, a TRP 130, and/or a UE 140. Each of the TRP 110, the TRP 120, and the TRP 130 may be a fixed device. In some embodiments, each of the TRP 110, the TRP 120, and the TRP 130 may be a next generation node B (gNB). Each of the TRP 110, the TRP 120, and the TRP 130 may be referred to as a base station, an enhanced node B (eNB), or an Access Point (AP). In some embodiments, each of the TRP 110, the TRP 120, and the TRP 130 may be a device pertaining to one eNB. For example, each of the TRP 110, the TRP 120, and the TRP 130 may be a device connected to or combined with one eNB operationally or functionally, col., 6, lines 18-25 (37) At least one TRP of the TRP 110, the TRP 120, and the TRP 130 may be a device that provides a wireless communication service to the UE 140, col., 6, lines 33-38 a radio resource control (RRC) message including measurement gap configuration information and configuration information ( PNG media_image2.png 453 350 media_image2.png Greyscale In some embodiments, the reference signal configuration may be included in a Radio Resource Control (RRC) message transmitted from the TRP 410. For example, the reference signal configuration may be included in the RRC message transmitted in response to switching of the beam mode of the TRP 410. In some embodiments, the RRC message may include common information for UEs. In some embodiments, the RRC message may include information dedicated for a specific UE. In some embodiments, the RRC message may include both the common information for UEs and the information dedicated for the specific UE, col., 17, lines 30-38, For example, the measurement configuration may include one or more pieces of data on a physical cell ID of the cell to which the second TRP 620 pertains, data on an offset of the cell to which the second TRP 620 pertains, and data on a condition under which a measurement report on the second TRP 620 is transmitted, col., 19, lines 55-65 receiving, from the UE, a measurement report associated with an Layer measurement, wherein a measurement gap for the LTM is based on the measurement gap configuration information wherein the Layer measurement for an inter-frequency is performed within the measurement gap for the LTM ( (177) In step S706, the first TRP 710 may transmit an RRC message containing a measurement configuration including a measurement gap configuration for the second TRP 720 to the UE 730. Since the center frequency of the cell to which the second TRP 720 pertains is different from the center frequency of the cell to which the first TRP 710 pertains, the first TRP 710 may transmit an RRC message containing a measurement configuration including a measurement gap configuration set to measure a reference signal of the second TRP 720 to the UE 730. In some embodiments, the measurement gap configuration may include a duration time (that is, measurement gap duration) required for performing the measurement on the second TRP 720. The measurement gap duration time may be determined based on a time required for receive beam sweeping of the UE 730. Further, the measurement gap duration time may be determined based on a beam mode of the second TRP 720. In addition, the measurement gap duration time may be determined based on a time required for beam sweeping of the second TRP 720, col., 7, lines 30-43 The measurement configuration may contain a measurement window periodicity, a measurement duration, and offset (measurement window offset) information for indicating a time point on a time axis at which the measurement window starts. All the above-described measurement configuration information may be identically contained when the second TRP 340 is a TRP having an intra or inter-frequency. This is identically applied to all the measurement configurations used in the present document. When the second TRP 340 is a TRP having the inter-frequency, the measurement configuration may further contain a measurement gap configuration that is information for indicating a time point at which the reference signal transmitted from the second TRP 340 is received. The measurement gap information may be information that is the same as the above-described measurement duration, and may be certainly contained in the measurement configuration even when the second TRP 340 is a TRP having the intra-frequency, col., 12, lines 1-20 (127) In step S607, the UE 630 may transmit a measurement report containing a result of the measurement for the second TRP 620 to the first TRP 610 col., 20, lines 25-28. Lee-Samsung does not specifically mention about, which is well-known in the art, which Zhou discloses, Layer 1, Layer 2, layer 1 (L1)/layer 2 (L2) triggered mobility ( 0075] To enable L1 (e.g., physical (PHY) layer)/L2 (e.g., medium access control (MAC) layer) based inter-cell mobility, a base station (BS), such as a next generation Node B (gNB), may need to know whether a UE supports L1/L2 based inter-cell mobility. L1/L2 based inter-cell mobility may include various operating modes. In a first operating mode, each serving cell may have a PCI and multiple physical cell sites (e.g., remote radio headers (RRHs)). Each RRH may transmit a different set of SSB IDs using the same PCI. A DCI or MAC-control element (MAC-CE) may select which RRH or corresponding SSB to serve the UE based on signal strength metrics (e.g., reference signal received power (RSRP)) per reported SSB ID. [0084] Aspects of the present disclosure provide techniques that may help enhance HO procedures using L1/L2 inter-cell mobility signaling by introducing RACH. L1/L2 signaling may be used for HO signaling rather than radio resource control (RRC) signaling which typically has a higher associated latency than L1/L2 signaling. According to certain aspects described herein, the L1/L2 HO procedure may involve transmitting a random access signal on an uplink (UL) resource configured for a target PCI. In some embodiments, the RACH based L1/L2 mobility and legacy CHO may both be enabled to provide backup should the initially performed procedure fail (e.g., if a gNB fails to receive a HO complete message in a RACH based L1/L2 mobility procedure, the UE may subsequently initiate CHO given an HO condition is satisfied) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known Layer 1, Layer 2 and layer 1 (L1)/layer 2 (L2) triggered mobility. Based on whether a UE supports L1/L2 based inter-cell mobility, L1/L2 based inter-cell mobility may include various operating modes the RACH based L1/L2 mobility and legacy CHO may both be enabled to provide backup should the initially performed procedure fail (e.g., if a gNB fails to receive a HO complete message in a RACH based L1/L2 mobility procedure, the UE may subsequently initiate CHO, para 84. Lee-Samsung and Zhou do not specifically mention about, which is well-known in the art, which Tsai discloses, LTM configuration information (para 22, 75). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known LTM configuration information (L1 parameter). Based on the L1 parameter of the RRC message the UE would enable determining whether the measurement gap requirement information is changed compared to last time for further action, para 75. Referring to claim 8, ZHOU discloses wherein the L1 measurement is performed based on a synchronization signal block (SSB) ( [0075] To enable L1 (e.g., physical (PHY) layer)/L2 (e.g., medium access control (MAC) layer) based inter-cell mobility, a base station (BS), such as a next generation Node B (gNB), may need to know whether a UE supports L1/L2 based inter-cell mobility. L1/L2 based inter-cell mobility may include various operating modes. In a first operating mode, each serving cell may have a PCI and multiple physical cell sites (e.g., remote radio headers (RRHs)). Each RRH may transmit a different set of SSB IDs using the same PCI. A DCI or MAC-control element (MAC-CE) may select which RRH or corresponding SSB to serve the UE based on signal strength metrics (e.g., reference signal received power (RSRP)) per reported SSB ID. Referring to claim 16, the Base station/apparatus of claim 16 is similarly analyzed and rejected for the same rationale as the method claim 6. Referring to claim 18, the Base station/apparatus of claim 18 is similarly analyzed and rejected for the same rationale as the method claim 8. Claim(s) 7, 17, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of ZHOU, Tsai and Chen et at al., 20240032008. Referring to claim(s) 7, 17, Lee-Samsung, Zhou, Tsai do not disclose which Chen discloses measurement gap configuration information per frequency or second measurement gap configuration information for a UE (para 38, 39). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known configuration information. Based on the parameter of the RRC message the UE would enable determining whether the measurement gap requirement information is changed compared to last time for further action, para 38, 39. Referring to claim 17, the Base station/apparatus of claim 17 is similarly analyzed and rejected for the same rationale as the method claim 7. Claim(s) 9, 19, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al., 10355766, Samsung in view of ZHOU, Tsai and CHENG et al., TW 202114446 A. Referring to claim(s) 9, Lee-Samsung, Tsai and Zhou do not disclose, which Cheng discloses, wherein the RRC message further includes first information indicating a measurement gap sharing scheme applying to the measurement gap ( the gap pattern includes a measurement gap configuration, a measurement gap sharing configuration, or any combination thereof, 3rd para, page 27. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known measurement gap sharing scheme. The measurement gap sharing scheme is a crucial aspect of 5G New Radio (NR) and is essential for efficient Radio Link Management (RLM), Mobility (Handover/Cell Reselection), and Dual Connectivity (EN-DC/MR-DC) operations. It involves pre-configured time intervals where the User Equipment (UE) suspends normal data reception and processing activities to perform measurements on other radio frequencies or radio access technologies (RATs). This mechanism ensures simultaneous transmission/reception and efficient measurements, which are critical for the performance of 5G networks. The scheme includes intra-frequency measurement gaps, inter-frequency measurement gaps, and inter-RAT measurement gaps, each serving different purposes and organized into patterns that repeat periodically. The duration and repetition of these gaps are defined by the gNB using the RRC protocol, and they are organized into patterns that repeat periodically. Hence, it would enable ensuring simultaneous transmission/reception and efficient measurements, 3rd para, page 27. Referring to claim 19, the Base station/apparatus of claim 19 is similarly analyzed and rejected for the same rationale as the method claim 9. Claim(s) 10, 20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al., 10355766, Samsung in view of ZHOU, Tsai, CABRERA, and Chen. Referring to claim(s) 10, Lee-Samsung, Tsai and Zhou do not disclose, which CABRERA discloses, receiving, from UE, UE capability information for the L1 measurement on the inter-frequency associated with the measurement gap ( [0263] signaling indicating UE capability information; receiving, from the base station, control signaling indicating a measurement gap sequence configuration based at least in part on the UE capability information; determining a measurement gap occasion based at least in part on the measurement gap sequence configuration, the measurement gap occasion including one or more of a first measurement gap occasion associated with a first measurement gap sequence, a second measurement gap occasion associated with a second measurement gap sequence, or a combination of the first measurement gap occasion and the second measurement gap occasion; and performing a set of channel measurements during the determined measurement gap occasion. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known UE capability information. It would enable determining a measurement gap occasion based on the measurement gap sequence configuration, and performing a set of channel measurements during the determined measurement gap occasion, para 263. Lee-Samsung, CABRERA, Tsai and Zhou do not disclose, which Chen discloses, indicating whether the UE supports an inter-frequency L1 measurement without the measurement gap (para 38, 39). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known configuration information. Based on the parameter of the RRC message the UE would enable determining whether the measurement gap requirement information is changed compared to last time for further action, para 38, 39 Referring to claim 20, the Base station/apparatus of claim 20 is similarly analyzed and rejected for the same rationale as the method claim 10. Response to Arguments Remarks/Arguments filed 6/8/26, have been fully considered but they are not persuasive. Therefore, rejection of claims 1-20 is maintained. Regarding the remarks for the amended claims, the rejections are updated accordingly. Please refer to the updated rejections for the amended limitations. Lee-Samsung discloses a method performed by a user equipment (UE) supporting a layer triggered mobility in a wireless communication system, the method comprising: ( (53) In the present disclosure, the reference signal for the handover or the cell re-selection may refer to a reference signal for layer-3 (L3) mobility. Particularly, the UE may perform a Radio Resource Management (RRM) measurement based on the above-described reference signal, and use a result of the RRM measurement for L3 mobility, col., 8, lines 38-42) receiving, from a base station, (36) Referring to FIG. 1, a wireless environment 100 may include a TRP 110, a TRP 120, a TRP 130, and/or a UE 140. Each of the TRP 110, the TRP 120, and the TRP 130 may be a fixed device. In some embodiments, each of the TRP 110, the TRP 120, and the TRP 130 may be a next generation node B (gNB). Each of the TRP 110, the TRP 120, and the TRP 130 may be referred to as a base station, an enhanced node B (eNB), or an Access Point (AP). In some embodiments, each of the TRP 110, the TRP 120, and the TRP 130 may be a device pertaining to one eNB. For example, each of the TRP 110, the TRP 120, and the TRP 130 may be a device connected to or combined with one eNB operationally or functionally, col., 6, lines 18-25 (37) At least one TRP of the TRP 110, the TRP 120, and the TRP 130 may be a device that provides a wireless communication service to the UE 140, col., 6, lines 33-38 a radio resource control (RRC) message including measurement gap configuration information and configuration information ( In some embodiments, the reference signal configuration may be included in a Radio Resource Control (RRC) message transmitted from the TRP 410. For example, the reference signal configuration may be included in the RRC message transmitted in response to switching of the beam mode of the TRP 410. In some embodiments, the RRC message may include common information for UEs. In some embodiments, the RRC message may include information dedicated for a specific UE. In some embodiments, the RRC message may include both the common information for UEs and the information dedicated for the specific UE, col., 17, lines 30-38, For example, the measurement configuration may include one or more pieces of data on a physical cell ID of the cell to which the second TRP 620 pertains, data on an offset of the cell to which the second TRP 620 pertains, and data on a condition under which a measurement report on the second TRP 620 is transmitted, col., 19, lines 55-65 determining a measurement gap for the LTM based on the measurement gap configuration information and performing an layer measurement for an inter-frequency within the measurement gap for the LTM ( (177) In step S706, the first TRP 710 may transmit an RRC message containing a measurement configuration including a measurement gap configuration for the second TRP 720 to the UE 730. Since the center frequency of the cell to which the second TRP 720 pertains is different from the center frequency of the cell to which the first TRP 710 pertains, the first TRP 710 may transmit an RRC message containing a measurement configuration including a measurement gap configuration set to measure a reference signal of the second TRP 720 to the UE 730. In some embodiments, the measurement gap configuration may include a duration time (that is, measurement gap duration) required for performing the measurement on the second TRP 720. The measurement gap duration time may be determined based on a time required for receive beam sweeping of the UE 730. Further, the measurement gap duration time may be determined based on a beam mode of the second TRP 720. In addition, the measurement gap duration time may be determined based on a time required for beam sweeping of the second TRP 720, col., 7, lines 30-43 The measurement configuration may contain a measurement window periodicity, a measurement duration, and offset (measurement window offset) information for indicating a time point on a time axis at which the measurement window starts. All the above-described measurement configuration information may be identically contained when the second TRP 340 is a TRP having an intra or inter-frequency. This is identically applied to all the measurement configurations used in the present document. When the second TRP 340 is a TRP having the inter-frequency, the measurement configuration may further contain a measurement gap configuration that is information for indicating a time point at which the reference signal transmitted from the second TRP 340 is received. The measurement gap information may be information that is the same as the above-described measurement duration, and may be certainly contained in the measurement configuration even when the second TRP 340 is a TRP having the intra-frequency, col., 12, lines 1-20 (127) In step S607, the UE 630 may transmit a measurement report containing a result of the measurement for the second TRP 620 to the first TRP 610 col., 20, lines 25-28. Lee-Samsung does not specifically mention about, which is well-known in the art, which Zhou discloses, Layer 1, Layer 2, layer 1 (L1)/layer 2 (L2) triggered mobility ( 0075] To enable L1 (e.g., physical (PHY) layer)/L2 (e.g., medium access control (MAC) layer) based inter-cell mobility, a base station (BS), such as a next generation Node B (gNB), may need to know whether a UE supports L1/L2 based inter-cell mobility. L1/L2 based inter-cell mobility may include various operating modes. In a first operating mode, each serving cell may have a PCI and multiple physical cell sites (e.g., remote radio headers (RRHs)). Each RRH may transmit a different set of SSB IDs using the same PCI. A DCI or MAC-control element (MAC-CE) may select which RRH or corresponding SSB to serve the UE based on signal strength metrics (e.g., reference signal received power (RSRP)) per reported SSB ID. [0084] Aspects of the present disclosure provide techniques that may help enhance HO procedures using L1/L2 inter-cell mobility signaling by introducing RACH. L1/L2 signaling may be used for HO signaling rather than radio resource control (RRC) signaling which typically has a higher associated latency than L1/L2 signaling. According to certain aspects described herein, the L1/L2 HO procedure may involve transmitting a random access signal on an uplink (UL) resource configured for a target PCI. In some embodiments, the RACH based L1/L2 mobility and legacy CHO may both be enabled to provide backup should the initially performed procedure fail (e.g., if a gNB fails to receive a HO complete message in a RACH based L1/L2 mobility procedure, the UE may subsequently initiate CHO given an HO condition is satisfied) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known Layer 1, Layer 2 and layer 1 (L1)/layer 2 (L2) triggered mobility. Based on whether a UE supports L1/L2 based inter-cell mobility, L1/L2 based inter-cell mobility may include various operating modes the RACH based L1/L2 mobility and legacy CHO may both be enabled to provide backup should the initially performed procedure fail (e.g., if a gNB fails to receive a HO complete message in a RACH based L1/L2 mobility procedure, the UE may subsequently initiate CHO, para 84. Lee-Samsung and Zhou do not specifically mention about, which is well-known in the art, which Tsai discloses, LTM configuration information (para 22, 75). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lee-Samsung to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known LTM configuration information (L1 parameter). Based on the L1 parameter of the RRC message the UE would enable determining whether the measurement gap requirement information is changed compared to last time for further action, para 75. Referring to claim 3, ZHOU discloses wherein the L1 measurement is performed based on a synchronization signal block (SSB) ( [0075] To enable L1 (e.g., physical (PHY) layer)/L2 (e.g., medium access control (MAC) layer) based inter-cell mobility, a base station (BS), such as a next generation Node B (gNB), may need to know whether a UE supports L1/L2 based inter-cell mobility. L1/L2 based inter-cell mobility may include various operating modes. In a first operating mode, each serving cell may have a PCI and multiple physical cell sites (e.g., remote radio headers (RRHs)). Each RRH may transmit a different set of SSB IDs using the same PCI. A DCI or MAC-control element (MAC-CE) may select which RRH or corresponding SSB to serve the UE based on signal strength metrics (e.g., reference signal received power (RSRP)) per reported SSB ID. Conclusion Pertinent prior arts: Ingale et al., 9392542 discloses, (31) The measurement configuration comprises of a measurement identity, a measurement object, a measurement reporting configuration and measurement gap configuration. The measurement identity element identifies a measurement, linking a measurement object and a reporting configuration. The measurement object is specific to a frequency configured for measurement. In operation 226 the UE is configured with measurement object for the second frequency layer (f2). The second frequency layer (f2) is the frequency of actual data communication for the reported non-serving cell 106. The measurement object may also include a list of cells for which for configuration parameters are set to a specific value on the frequency specified by measurement object. The measurement reporting configuration specifies when the UE 102 should trigger a measurement report as well as which measurement result the UE 102 shall include in the measurement report. A measurement report may be triggered in case a particular ‘event condition’ is fulfilled (e.g. a non-serving cell becomes a certain offset better than the current serving cell (event A3)). The measurement configuration is known in the art. 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 HARESH PATEL whose telephone number is (571)272-3973. The examiner can normally be reached on M-F 9-5:30. 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, Jorge L. Ortiz-Criado, can be reached at (571) 272-7624. 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. /HARESH N PATEL/Primary Examiner, Art Unit 2496
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Prosecution Timeline

Apr 02, 2024
Application Filed
Mar 06, 2026
Non-Final Rejection mailed — §101, §103, §112
Jun 08, 2026
Response Filed
Jun 23, 2026
Final Rejection mailed — §101, §103, §112 (current)

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