Prosecution Insights
Last updated: October 01, 2026
Application No. 18/634,856

SWITCHING METHOD AND APPARATUS

Final Rejection §103§112
Filed
Apr 12, 2024
Priority
Oct 15, 2021 — continuation of PCTCN2021123955
Examiner
CLAWSON, STEPHEN J
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
547 granted / 689 resolved
+21.4% vs TC avg
Strong +18% interview lift
Without
With
+18.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
29 currently pending
Career history
714
Total Applications
across all art units

Statute-Specific Performance

§101
7.6%
-32.4% vs TC avg
§103
48.1%
+8.1% vs TC avg
§102
10.4%
-29.6% vs TC avg
§112
27.6%
-12.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 689 resolved cases

Office Action

§103 §112
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 Applicant's arguments have been fully considered. Applicant has made significant amendments and argued that these amendments overcome the previous rejections. Examiner agrees. However, newly introduced art teaches the new limitations. Please see the rejections that follow. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1, 21, 22, 23, 24, 25, 26, 8, 27, 28, 29, 30, 31, 32, 15, 33, 34, 35, 36, and 37 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. Regarding claims 1, 22-26, claim 1 recites ‘…continuously measuring…’ A review of the specification reveals no definitive definition. Therefore the ordinary and customary meaning must be adopted. Continuously, according to dictionary.com, means without interruption or cessation, unceasingly. Therefore the claim must be interpreted as the UE never stopping measuring. Meaning once the configuration is received the UE at every point in time in perpetuity is measuring a reference signal; there are no breaks to do other things, no breaks to receive data. It is unlikely this is what Applicant actually means. Continuously is the wrong word and the phrasing is all wrong. It appears that maybe (although it is not definite) that Applicant may be attempting to claim that the measuring is ongoing which is defined as currently in progress and has not yet finished; but definitely not continuous. This issue is likely caused by translational issues. The claims should be carefully reviewed. Claims 22-26 do not cure the deficiencies of claim 1 and are rejected for similar reasons. Regarding claims 1, 22-26, claim 1 recites ‘a reference signal corresponding to at least one of a first Transmission/Reception Point (TRP) or a second TRP’ and later in the claim ‘the reference signal corresponding to the first TRP and second TRP’. So which is it? Is the reference signal corresponding to both TRPs or just one TRP? Later in the claim, it appears now that there are actually two reference signals. One from the first TRP and one from the second TRP. So again is the reference signal (one signal) from both TRPs or is there two reference signals which are both measured from two different TRPs? What exactly is being measured? Please carefully review all of your claims for accuracy. Claims 22-26 do not cure the deficiencies of claim 1 and are rejected for similar reasons. Regarding claim 26, claim 26 recites ‘…satisfying the threshold comprised in the first reporting condition is greater than or less than the threshold comprised in the first reporting condition, and wherein satisfying the threshold comprised in the second reporting condition is greater than or less than the threshold comprised in the second reporting condition…’ This is unclear because Applicant is not comparing like things. That is, Applicant is comparing ‘satisfying a threshold’ which is an act to a threshold. Please review all of your claims. Regarding claims 8, 27-32, claim 8 recites ‘…continuously measuring…’ A review of the specification reveals no definitive definition. Therefore the ordinary and customary meaning must be adopted. Continuously, according to dictionary.com, means without interruption or cessation, unceasingly. Therefore the claim must be interpreted as the UE never stopping measuring. Meaning once the configuration is received the UE at every point in time in perpetuity is measuring a reference signal; there are no breaks to do other things, no breaks to receive data. It is unlikely this is what Applicant actually means. Continuously is the wrong word and the phrasing is all wrong. It appears that maybe (although it is not definite) that Applicant may be attempting to claim that the measuring is ongoing which is defined as currently in progress and has not yet finished; but definitely not continuous. This issue is likely caused by translational issues. The claims should be carefully reviewed. Claims 27-32 do not cure the deficiencies of claim 8 and are rejected for similar reasons. Regarding claims 8, 27-32, claim 8 recites ‘a reference signal corresponding to at least one of a first Transmission/Reception Point (TRP) or a second TRP’ and later in the claim ‘the reference signal corresponding to the first TRP and second TRP’. So which is it? Is the reference signal corresponding to both TRPs or just one TRP? Later in the claim, it appears now that there are actually two reference signals. One from the first TRP and one from the second TRP. So again is the reference signal (one signal) from both TRPs or is there two reference signals which are both measured from two different TRPs? What exactly is being measured? Please carefully review all of your claims for accuracy. Claims 27-32 do not cure the deficiencies of claim 8 and are rejected for similar reasons. Regarding claims 15, 33-37, claim 15 recites ‘…continuously measuring…’ A review of the specification reveals no definitive definition. Therefore the ordinary and customary meaning must be adopted. Continuously, according to dictionary.com, means without interruption or cessation, unceasingly. Therefore the claim must be interpreted as the UE never stopping measuring. Meaning once the configuration is received the UE at every point in time in perpetuity is measuring a reference signal; there are no breaks to do other things, no breaks to receive data. It is unlikely this is what Applicant actually means. Continuously is the wrong word and the phrasing is all wrong. It appears that maybe (although it is not definite) that Applicant may be attempting to claim that the measuring is ongoing which is defined as currently in progress and has not yet finished; but definitely not continuous. This issue is likely caused by translational issues. The claims should be carefully reviewed. Claims 33-37 do not cure the deficiencies of claim 15 and are rejected for similar reasons. Regarding claims 15, 33-37, claim 15 recites ‘a reference signal corresponding to at least one of a first Transmission/Reception Point (TRP) or a second TRP’ and later in the claim ‘the reference signal corresponding to the first TRP and second TRP’. So which is it? Is the reference signal corresponding to both TRPs or just one TRP? Later in the claim, it appears now that there are actually two reference signals. One from the first TRP and one from the second TRP. So again is the reference signal (one signal) from both TRPs or is there two reference signals which are both measured from two different TRPs? What exactly is being measured? Please carefully review all of your claims for accuracy. Claims 33-37do not cure the deficiencies of claim 1 and are rejected for similar reasons. 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. Claims 1, 21, 22, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma (2021/0329515) and further in view of Zhang (WO2021/227006). Regarding claim 1, Sharma discloses a handover method, applied to a terminal device, comprising: (See Sharma fig. 4; handover operation; UE (e.g. terminal); para. 192, fig. 13 UE with processor executing an algorithm stored in memory) measuring, by a layer of the terminal device according to measurement configuration information sent by a network device, a reference signal corresponding to at least one of a first Transmission/Reception Point (TRP) or a second TRP to obtain a measurement result, wherein the first TRP is connected with the terminal device, and the second TRP is not connected with the terminal device; (See Sharma fig. 7; UE configured with RS for measuring (e.g. measurement config information) sent by network (e.g. via a network device); RSs are for TRPs; para. 115; UE measures the RS of the candidate TRPs (e.g. not connected with the terminal yet); para. 113; UE configured with measurement configurations for serving and neighboring TRP; see also para. 80; measuring serving and non-serving TRP/cells) sending, by the physical layer of the terminal device in a first reporting manner, the measurement result to the network device, the first reporting manner comprising at least one of periodic reporting, aperiodic reporting or semi-persistent reporting, (See Sharma fig. 7, para. 115; UE evaluates and measures the TRP and sends the measurement report at L1 (e.g. physical layer) or L2 or L3 level and may be periodic, or aperiodic, etc.) or sending, by the MAC layer of the terminal device, the measurement result to the network device through a Media Access Control Control Element (MAC CE), wherein the measurement result sent by the MAC layer is sent by the physical layer to the MAC layer; (OPTIONAL) receiving handover triggering indication information sent by the network device, (See Sharma fig. 4; step 409; triggering a handover command; fig. 6, para. 107; gNB sends L1/L2 signaling triggering change of TRP (e.g. handover)) wherein the handover triggering indication information is sent through physical layer signaling or the MAC CE, (See Sharma fig. 7, s713; mobility (e.g. handover) is sent by MAC CE or L1 signaling (e.g. physical layer)) the handover triggering indication information comprises an identifier of the second TRP and configuration information of the second TRP, and (See Sharma fig. 5, para. 94; candidate Cell ID or TRP ID; fig. 9, para. 137; sending MAC CE or L1 to UE for switching (e.g. handover) with TRP ID or cell ID; fig. 5, d; TRP ID and TCI state ID (e.g. configuration information of second TRP); fig. 9, para. 137; TRP ID and TCI state ID along with BWP ID (e.g. configuration information)) the handover triggering indication information is determined by the network device according to the measurement result; and (See Sharma fig. 4, s405; Source node determines the trigger based upon the measurement report sent by the UE) switching, according to the handover triggering indication information, the TRP connected with the terminal device from the first TRP into the second TRP, (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) wherein the measurement configuration information comprises a first reporting condition, and sending, by the physical layer of the terminal device, the measurement result comprises: (See Sharma para. 20; UE provided with triggering states (e.g. a first reporting condition)) sending, by the physical layer of the terminal device, the measurement result to the network device or the MAC layer, (See Sharma para. 20; UE provided with triggering states (e.g. a first reporting condition); fig. s709; UE sends measurement report; para. 115; sending report using L1, (e.g. physical layer) L2, L3) or, wherein the measurement configuration information comprises a second reporting condition, and sending, by the MAC layer of the terminal device, the measurement result to the network device comprises: if it is determined that the reference signals corresponding to the first TRP and the second TRP satisfy the second reporting condition, sending, by the MAC layer of the terminal device, the measurement result to the network device, wherein a fact that the reference signals corresponding to the first TRP and the second TRP satisfy the second reporting condition comprises: differences between measured values of the reference signal corresponding to the first TRP and measured values of the reference signal corresponding to the second TRP within a preset duration all satisfy a threshold comprised in the second reporting condition. (OPTIONAL) Sharma does not explicitly disclose continuously physical layer measuring; determining that the reference signal corresponding to the first TRP and the second TRP satisfies the first reporting condition; and wherein reporting condition comprises a difference between a measured value of the reference signal corresponding to the first TRP and a measured value of the reference signal corresponding to the second TRP satisfies a threshold comprised in the first reporting condition. However, Zhang does disclose continuously physical layer measuring; (See Zhang fig. 2, para. 22-26; successive SSB or CSI-RS samples 204-212; 220-224 overlapping; L1/L2 filtering per CSI-RS across multiple resources (e.g. a continuous physical layer in that it continues over multiple resources)) determining that the reference signal corresponding to the first TRP and the second TRP satisfies the first reporting condition; and wherein reporting condition comprises a difference between a measured value of the reference signal corresponding to the first TRP and a measured value of the reference signal corresponding to the second TRP satisfies a threshold comprised in the first reporting condition. (See Zhang para. 21; when quality of target is larger than a source cell plus a specific offset (e.g. a reporting condition); para. 27-28, fig. 3; notifying the network) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Sharma to include the teaching of continuously physical layer measuring; determining that the reference signal corresponding to the first TRP and the second TRP satisfies the first reporting condition; and wherein reporting condition comprises a difference between a measured value of the reference signal corresponding to the first TRP and a measured value of the reference signal corresponding to the second TRP satisfies a threshold comprised in the first reporting condition of Zhang with the motivation being to allow for rapid updated lower-layer mobility measurements from repeated CSI-RS samples which may increase reliability in difficult wireless environments and further to reduce unnecessary measurement reports which saves bandwidth and reduces control signaling (which allows for more actual data and thereby reduces latency). Regarding claim 21, Sharma in view of Zhang discloses the method of claim 1, further comprising: after measuring, by the layer of the terminal device according to the measurement configuration information sent by the network device, the reference signal corresponding to at least one of the first TRP or the second TRP to obtain the measurement result, triggering, by the physical layer of the terminal device according to the measurement result, the TRP connected with the terminal device to be switched from the first TRP into the second TRP. (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) (See Sharma fig. 4, s405; Source node determines the trigger based upon the measurement report sent by the UE) Regarding claim 22, Sharma in view of Zhang discloses the method of claim 1, further comprising: after measuring, by the layer of the terminal device according to the measurement configuration information sent by the network device, the reference signal corresponding to according to at least one of the first TRP or the second TRP to obtain the measurement result, triggering, by the MAC layer of the terminal device according to the measurement result, the TRP connected with the terminal device to be switched from the first TRP into the second TRP. (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) (See Sharma fig. 4, s405; Source node determines the trigger based upon the measurement report sent by the UE) Regarding claim 26, Sharma in view of Zhang discloses the method of claim 1, wherein satisfying the threshold comprised in the first reporting condition is greater than or less than the threshold comprised in the first reporting condition, and wherein satisfying the threshold comprised in the second reporting condition is greater than or less than the threshold comprised in the second reporting condition. (See Zhang para. 21; when quality of target is larger than a source cell plus a specific offset (e.g. a reporting condition); para. 27-28, fig. 3; notifying the network; claim 1 only requires either ‘or’ of these not both simultaneously) The motivation being to allow for rapid updated lower-layer mobility measurements from repeated CSI-RS samples which may increase reliability in difficult wireless environments and further to reduce unnecessary measurement reports which saves bandwidth and reduces control signaling (which allows for more actual data and thereby reduces latency). Claims 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma (2021/0329515) and further in view of Zhang (WO2021/227006) and further in view of Yi (2020/0350972). Regarding claim 23, Sharma in view of Zhang discloses the method of claim 1. Sharma in view of Zhang do not explicitly disclose receiving a first reference signal set and a second reference signal set configured by the network device, wherein the first reference signal set comprises a detection reference signal for Beam Failure Recovery (BFR), and the second reference signal set comprises a recovery new reference signal for the BFR; and switching, according to at least one of the first reference signal set or the second reference signal set, the TRP connected with the terminal device from the first TRP into the second TRP. However, Yi does disclose receiving a first reference signal set and a second reference signal set configured by the network device, (See Yi para. 335; first resource-config indexes through failureDetectionResources identify CSI-RS or SS/PBCH blocks and second set of resource-config indexes through candidateBeamRSList identify CSI-RS or SS/PBCH blocks) wherein the first reference signal set comprises a detection reference signal for Beam Failure Recovery (BFR), and (See Yi para. 335; first resource-config indexes through failureDetectionResources identify CSI-RS or SS/PBCH blocks; para. 339, 341 measure against a threshold and sending beam failure instance) the second reference signal set comprises a recovery new reference signal for the BFR; (See Yi para. 335; second set of resource-config indexes through candidateBeamRSList identify CSI-RS or SS/PBCH blocks; para. 343; second threshold and MAC selects a candidate reference signal based upon set; see also para. 378) and switching, according to at least one of the first reference signal set or the second reference signal set, the TRP connected with the terminal device from the first TRP into the second TRP. (See Yi fig. 21, para. 390; activate second TRP through signaling (e.g. a switching from first that has failed to second candidate) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Sharma to include the teaching of receiving a first reference signal set and a second reference signal set configured by the network device, wherein the first reference signal set comprises a detection reference signal for Beam Failure Recovery (BFR), and the second reference signal set comprises a recovery new reference signal for the BFR; and switching, according to at least one of the first reference signal set or the second reference signal set, the TRP connected with the terminal device from the first TRP into the second TRP of Yi with the motivation being to reduce BFR overhead, latency and interruption in multi-TRP systems and further to allow for separate BFR detection and candidate-recovery RS sets which may allow for more fine tuning of parameters and reduce dropped connections and further to allow for quicker switching when a BFR occurs. Regarding claim 24, Sharma in view of Zhang in view of Yi discloses the method of claim 23, wherein switching, according to at least one of the first reference signal set or the second reference signal set, the TRP connected with the terminal device from the first TRP into the second TRP comprises: wherein the handover triggering indication information is used for indicating switching of the TRP connected with the terminal device from the first TRP into the second TRP. (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) if at least one of the first reference signal set or the second reference signal set satisfies a first preset condition, performing action(See Yi para. 339; assessing RS vs threshold) sending reporting information to the network device; and (See Yi para. 384; reporting candidate beams with good quality; para. 399; BFR request sent on PUCCH/PUSCH) receiving the handover triggering indication information sent by the network device, (See Yi para. 330; after transmitting BFR, the device monitors for a DCI for recovery; see also para. 390; recovery completed) The motivation being to reduce BFR overhead, latency and interruption in multi-TRP systems and further to allow for separate BFR detection and candidate-recovery RS sets which may allow for more fine tuning of parameters and reduce dropped connections and further to allow for quicker switching when a BFR occurs. Regarding claim 25, Sharma in view of Zhang in view of Yi discloses the method of claim 23, wherein switching, according to at least one of the first reference signal set or the second reference signal set, the TRP connected with the terminal device from the first TRP into the second TRP comprises: triggering, by the physical layer or the MAC layer, the TRP connected with the terminal device to be switched from the first TRP into the second TRP. (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) if at least one of the first reference signal set or the second reference signal set satisfies a first preset condition, performing action(See Yi para. 341; PHY layer determines radio-link quality is worse than first threshold and sends BFR indication to MAC) The motivation being to reduce BFR overhead, latency and interruption in multi-TRP systems and further to allow for separate BFR detection and candidate-recovery RS sets which may allow for more fine tuning of parameters and reduce dropped connections and further to allow for quicker switching when a BFR occurs. 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. Claims 8, 27, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma (2021/0329515) and further in view of Zhang (WO2021/227006). Regarding claim 8, Sharma discloses a terminal device, comprising: a processor and a memory, wherein the memory is configured to store computer-executable instructions; and the processor is configured to invoke and run the computer-executable instructions stored in the memory to cause the terminal device to perform operations of: (See Sharma fig. 4; handover operation; UE (e.g. terminal); para. 192, fig. 13 UE with processor executing an algorithm stored in memory) measuring, by a layer of the terminal device according to measurement configuration information sent by a network device, a reference signal corresponding to at least one of a first Transmission/Reception Point (TRP) or a second TRP to obtain a measurement result, wherein the first TRP is connected with the terminal device, and the second TRP is not connected with the terminal device; (See Sharma fig. 7; UE configured with RS for measuring (e.g. measurement config information) sent by network (e.g. via a network device); RSs are for TRPs; para. 115; UE measures the RS of the candidate TRPs (e.g. not connected with the terminal yet); para. 113; UE configured with measurement configurations for serving and neighboring TRP; see also para. 80; measuring serving and non-serving TRP/cells) sending, by the physical layer of the terminal device in a first reporting manner, the measurement result to the network device, the first reporting manner comprising at least one of periodic reporting, aperiodic reporting or semi-persistent reporting, (See Sharma fig. 7, para. 115; UE evaluates and measures the TRP and sends the measurement report at L1 (e.g. physical layer) or L2 or L3 level and may be periodic, or aperiodic, etc.) or sending, by the MAC layer of the terminal device, the measurement result to the network device through a Media Access Control Control Element (MAC CE), wherein the measurement result sent by the MAC layer is sent by the physical layer to the MAC layer; (OPTIONAL) receiving handover triggering indication information sent by the network device, (See Sharma fig. 4; step 409; triggering a handover command; fig. 6, para. 107; gNB sends L1/L2 signaling triggering change of TRP (e.g. handover)) wherein the handover triggering indication information is sent through physical layer signaling or the MAC CE, (See Sharma fig. 7, s713; mobility (e.g. handover) is sent by MAC CE or L1 signaling (e.g. physical layer)) the handover triggering indication information comprises an identifier of the second TRP and configuration information of the second TRP, and (See Sharma fig. 5, para. 94; candidate Cell ID or TRP ID; fig. 9, para. 137; sending MAC CE or L1 to UE for switching (e.g. handover) with TRP ID or cell ID; fig. 5, d; TRP ID and TCI state ID (e.g. configuration information of second TRP); fig. 9, para. 137; TRP ID and TCI state ID along with BWP ID (e.g. configuration information)) the handover triggering indication information is determined by the network device according to the measurement result; and (See Sharma fig. 4, s405; Source node determines the trigger based upon the measurement report sent by the UE) switching, according to the handover triggering indication information, the TRP connected with the terminal device from the first TRP into the second TRP, (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) wherein the measurement configuration information comprises a first reporting condition, and sending, by the physical layer of the terminal device, the measurement result comprises: (See Sharma para. 20; UE provided with triggering states (e.g. a first reporting condition)) sending, by the physical layer of the terminal device, the measurement result to the network device or the MAC layer, (See Sharma para. 20; UE provided with triggering states (e.g. a first reporting condition); fig. s709; UE sends measurement report; para. 115; sending report using L1, (e.g. physical layer) L2, L3) or, wherein the measurement configuration information comprises a second reporting condition, and sending, by the MAC layer of the terminal device, the measurement result to the network device comprises: if it is determined that the reference signals corresponding to the first TRP and the second TRP satisfy the second reporting condition, sending, by the MAC layer of the terminal device, the measurement result to the network device, wherein a fact that the reference signals corresponding to the first TRP and the second TRP satisfy the second reporting condition comprises: differences between measured values of the reference signal corresponding to the first TRP and measured values of the reference signal corresponding to the second TRP within a preset duration all satisfy a threshold comprised in the second reporting condition. (OPTIONAL) Sharma does not explicitly disclose continuously physical layer measuring; determining that the reference signal corresponding to the first TRP and the second TRP satisfies the first reporting condition; and wherein reporting condition comprises a difference between a measured value of the reference signal corresponding to the first TRP and a measured value of the reference signal corresponding to the second TRP satisfies a threshold comprised in the first reporting condition. However, Zhang does disclose continuously physical layer measuring; (See Zhang fig. 2, para. 22-26; successive SSB or CSI-RS samples 204-212; 220-224 overlapping; L1/L2 filtering per CSI-RS across multiple resources (e.g. a continuous physical layer in that it continues over multiple resources)) determining that the reference signal corresponding to the first TRP and the second TRP satisfies the first reporting condition; and wherein reporting condition comprises a difference between a measured value of the reference signal corresponding to the first TRP and a measured value of the reference signal corresponding to the second TRP satisfies a threshold comprised in the first reporting condition. (See Zhang para. 21; when quality of target is larger than a source cell plus a specific offset (e.g. a reporting condition); para. 27-28, fig. 3; notifying the network) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Sharma to include the teaching of continuously physical layer measuring; determining that the reference signal corresponding to the first TRP and the second TRP satisfies the first reporting condition; and wherein reporting condition comprises a difference between a measured value of the reference signal corresponding to the first TRP and a measured value of the reference signal corresponding to the second TRP satisfies a threshold comprised in the first reporting condition of Zhang with the motivation being to allow for rapid updated lower-layer mobility measurements from repeated CSI-RS samples which may increase reliability in difficult wireless environments and further to reduce unnecessary measurement reports which saves bandwidth and reduces control signaling (which allows for more actual data and thereby reduces latency). Regarding claim 27, Sharma in view of Zhang discloses the terminal device of claim 8, wherein the processor is configured to invoke and run the computer-executable instructions stored in the memory to cause the terminal device to further perform an operation of: after measuring, by the layer of the terminal device according to the measurement configuration information sent by the network device, the reference signal corresponding to at least one of the first TRP or the second TRP to obtain the measurement result, triggering, by the physical layer of the terminal device according to the measurement result, the TRP connected with the terminal device to be switched from the first TRP into the second TRP. (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) (See Sharma fig. 4, s405; Source node determines the trigger based upon the measurement report sent by the UE) Regarding claim 28, Sharma in view of Zhang discloses the terminal device of claim 8, wherein the processor is configured to invoke and run the computer-executable instructions stored in the memory to cause the terminal device to further perform an operation of: after measuring, by the layer of the terminal device according to the measurement configuration information sent by the network device, the reference signal corresponding to according to at least one of the first TRP or the second TRP to obtain the measurement result, triggering, by the MAC layer of the terminal device according to the measurement result, the TRP connected with the terminal device to be switched from the first TRP into the second TRP. (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) (See Sharma fig. 4, s405; Source node determines the trigger based upon the measurement report sent by the UE) Claims 29, 30, 31, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma (2021/0329515) and further in view of Zhang (WO2021/227006) and further in view of Yi (2020/0350972). Regarding claim 29, Sharma in view of Zhang discloses the terminal device of claim 8. Sharma in view of Zhang do not explicitly disclose receiving a first reference signal set and a second reference signal set configured by the network device, wherein the first reference signal set comprises a detection reference signal for Beam Failure Recovery (BFR), and the second reference signal set comprises a recovery new reference signal for the BFR; and switching, according to at least one of the first reference signal set or the second reference signal set, the TRP connected with the terminal device from the first TRP into the second TRP. However, Yi does disclose receiving a first reference signal set and a second reference signal set configured by the network device, (See Yi para. 335; first resource-config indexes through failureDetectionResources identify CSI-RS or SS/PBCH blocks and second set of resource-config indexes through candidateBeamRSList identify CSI-RS or SS/PBCH blocks) wherein the first reference signal set comprises a detection reference signal for Beam Failure Recovery (BFR), and (See Yi para. 335; first resource-config indexes through failureDetectionResources identify CSI-RS or SS/PBCH blocks; para. 339, 341 measure against a threshold and sending beam failure instance) the second reference signal set comprises a recovery new reference signal for the BFR; (See Yi para. 335; second set of resource-config indexes through candidateBeamRSList identify CSI-RS or SS/PBCH blocks; para. 343; second threshold and MAC selects a candidate reference signal based upon set; see also para. 378) and switching, according to at least one of the first reference signal set or the second reference signal set, the TRP connected with the terminal device from the first TRP into the second TRP. (See Yi fig. 21, para. 390; activate second TRP through signaling (e.g. a switching from first that has failed to second candidate) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Sharma to include the teaching of receiving a first reference signal set and a second reference signal set configured by the network device, wherein the first reference signal set comprises a detection reference signal for Beam Failure Recovery (BFR), and the second reference signal set comprises a recovery new reference signal for the BFR; and switching, according to at least one of the first reference signal set or the second reference signal set, the TRP connected with the terminal device from the first TRP into the second TRP of Yi with the motivation being to reduce BFR overhead, latency and interruption in multi-TRP systems and further to allow for separate BFR detection and candidate-recovery RS sets which may allow for more fine tuning of parameters and reduce dropped connections and further to allow for quicker switching when a BFR occurs. Regarding claim 30, Sharma in view of Zhang in view of Yi discloses the terminal device of claim 29, wherein switching, according to at least one of the first reference signal set or the second reference signal set, the TRP connected with the terminal device from the first TRP into the second TRP comprises: wherein the handover triggering indication information is used for indicating switching of the TRP connected with the terminal device from the first TRP into the second TRP. (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) if at least one of the first reference signal set or the second reference signal set satisfies a first preset condition, performing action(See Yi para. 339; assessing RS vs threshold) sending reporting information to the network device; and (See Yi para. 384; reporting candidate beams with good quality; para. 399; BFR request sent on PUCCH/PUSCH) receiving the handover triggering indication information sent by the network device, (See Yi para. 330; after transmitting BFR, the device monitors for a DCI for recovery; see also para. 390; recovery completed) The motivation being to reduce BFR overhead, latency and interruption in multi-TRP systems and further to allow for separate BFR detection and candidate-recovery RS sets which may allow for more fine tuning of parameters and reduce dropped connections and further to allow for quicker switching when a BFR occurs. Regarding claim 31, Sharma in view of Zhang in view of Yi discloses the terminal device of claim 29, wherein switching, according to at least one of the first reference signal set or the second reference signal set, the TRP connected with the terminal device from the first TRP into the second TRP comprises: triggering, by the physical layer or the MAC layer, the TRP connected with the terminal device to be switched from the first TRP into the second TRP. (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) if at least one of the first reference signal set or the second reference signal set satisfies a first preset condition, performing action(See Yi para. 341; PHY layer determines radio-link quality is worse than first threshold and sends BFR indication to MAC) The motivation being to reduce BFR overhead, latency and interruption in multi-TRP systems and further to allow for separate BFR detection and candidate-recovery RS sets which may allow for more fine tuning of parameters and reduce dropped connections and further to allow for quicker switching when a BFR occurs. Regarding claim 32, Sharma in view of Zhang in view of Yi discloses the terminal device of claim 30, wherein the measurement configuration information comprises a first threshold, and the first preset condition comprises at least one of: (See Yi para. 338; failure-detection threshold and candidate-beam threshold provided through rsrp-ThresholdSSB in BeamFailureRecoveryConfig) a beam satisfying the first threshold exists in the second reference signal set, and(See Yi para. 327; RS among one or more reference signals has an RSRP higher than configured threshold and device selects candidate RS from qualifying for BFR; see also para. 343, 355) the beam satisfying the first threshold is a beam of the second TRP; or (See Yi para. 400, fig. 23; device performs beam management and BFR separately for each TRP; see also para. 401) when the terminal device performs beam failure detection, all beams not satisfying the first threshold are beams of the first TRP. The motivation being to reduce BFR overhead, latency and interruption in multi-TRP systems and further to allow for separate BFR detection and candidate-recovery RS sets which may allow for more fine tuning of parameters and reduce dropped connections and further to allow for quicker switching when a BFR occurs. Claims 15, 33, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma (2021/0329515) and further in view of Zhang (WO2021/227006). Regarding claim 15, Sharma discloses a network device, comprising: a processor and a memory, wherein the memory is configured to store computer-executable instructions; and the processor is configured to invoke and run the computer-executable instructions stored in the memory to cause the network device to perform operations of: (See Sharma fig. 4; handover operation; para. 189, fig. 12; source node (e.g. network device) with a processor executing an algorithm stored in memory; para. 195; part that transmits and receives (e.g. transceiver)) sending measurement configuration information to a terminal device, wherein the measurement configuration information is used for the terminal device to measure, according to the measurement configuration information, a reference signal corresponding to at least one of a first Transmission/Reception Point (TRP) or a second TRP, the first TRP is connected with the terminal device, and the second TRP is not connected with the terminal device; (See Sharma fig. 7; UE configured with RS for measuring (e.g. measurement config information) sent by network (e.g. via a network device); RSs are for TRPs; para. 115; UE measures the RS of the candidate TRPs (e.g. not connected with the terminal yet); para. 113; UE configured with measurement configurations for serving and neighboring TRP; see also para. 80; measuring serving and non-serving TRP/cells) receiving a measurement result sent by a physical layer of the terminal device in a first reporting manner (See Sharma fig. 7, para. 115; UE evaluates and measures the TRP and sends the measurement report at L1 (e.g. physical layer) or L2 or L3 level and may be periodic, or aperiodic, etc.) or a measurement result sent by a Media Access Control (MAC) layer of the terminal device through a Media Access Control Control Element (MAC CE), wherein the measurement result sent by the MAC layer is sent by the physical layer to the MAC layer; (OPTIONAL) determining handover triggering indication information according to the measurement result, wherein the handover triggering indication information comprises an identifier of the second TRP and configuration information of the second TRP, and the handover triggering indication information is used for indicating switching of the TRP connected with the terminal device from the first TRP into the second TRP; and (See Sharma fig. 5, para. 94; candidate Cell ID or TRP ID; fig. 9, para. 137; sending MAC CE or L1 to UE for switching (e.g. handover) with TRP ID or cell ID; fig. 5, d; TRP ID and TCI state ID (e.g. configuration information of second TRP); fig. 9, para. 137; TRP ID and TCI state ID along with BWP ID (e.g. configuration information); information is determined before it is sent to UE) sending the handover triggering indication information to the terminal device, (See Sharma fig. 4; step 409; triggering a handover command; fig. 6, para. 107; gNB sends L1/L2 signaling triggering change of TRP (e.g. handover)) wherein the measurement configuration information comprises a first reporting condition, and (See Sharma para. 20; UE provided with triggering states (e.g. a first reporting condition)) the measurement result sent by the physical layer of the terminal device is sent to the network device when the layer determines that the reference signal corresponding to the first TRP and the second TRP satisfies the first reporting condition, (See Sharma fig. 7, para. 115; UE evaluates and measures the TRP and sends the measurement report at L1 (e.g. physical layer) or L2 or L3 level and may be periodic, or aperiodic, etc.) (See Sharma para. 20; UE provided with triggering states (e.g. a first reporting condition); fig. s709; UE sends measurement report; para. 115; sending report using L1, (e.g. physical layer) L2, L3) or, wherein the measurement configuration information comprises a second reporting condition, and the measurement result sent by the MAC layer of the terminal device is sent to the network device when the MAC layer determines that the reference signals corresponding to the first TRP and the second TRP satisfy the second reporting condition, wherein a fact that the reference signals corresponding to the first TRP and the second TRP satisfy the second reporting condition comprises: differences between measured values of the reference signal corresponding to the first TRP and measured values of the reference signal corresponding to the second TRP within a preset duration all satisfy a threshold comprised in the second reporting condition. Sharma does not explicitly disclose continuously physical layer measuring; determining that the reference signal corresponding to the first TRP and the second TRP satisfies the first reporting condition; and wherein reporting condition comprises a difference between a measured value of the reference signal corresponding to the first TRP and a measured value of the reference signal corresponding to the second TRP satisfies a threshold comprised in the first reporting condition. However, Zhang does disclose continuously physical layer measuring; (See Zhang fig. 2, para. 22-26; successive SSB or CSI-RS samples 204-212; 220-224 overlapping; L1/L2 filtering per CSI-RS across multiple resources (e.g. a continuous physical layer in that it continues over multiple resources)) determining that the reference signal corresponding to the first TRP and the second TRP satisfies the first reporting condition; and wherein reporting condition comprises a difference between a measured value of the reference signal corresponding to the first TRP and a measured value of the reference signal corresponding to the second TRP satisfies a threshold comprised in the first reporting condition. (See Zhang para. 21; when quality of target is larger than a source cell plus a specific offset (e.g. a reporting condition); para. 27-28, fig. 3; notifying the network) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Sharma to include the teaching of continuously physical layer measuring; determining that the reference signal corresponding to the first TRP and the second TRP satisfies the first reporting condition; and wherein reporting condition comprises a difference between a measured value of the reference signal corresponding to the first TRP and a measured value of the reference signal corresponding to the second TRP satisfies a threshold comprised in the first reporting condition of Zhang with the motivation being to allow for rapid updated lower-layer mobility measurements from repeated CSI-RS samples which may increase reliability in difficult wireless environments and further to reduce unnecessary measurement reports which saves bandwidth and reduces control signaling (which allows for more actual data and thereby reduces latency). Regarding claim 33, Sharma in view of Zhang discloses the network device of claim 15, wherein switching of the TRP connected with the terminal device from the first TRP into the second TRP is triggered by the physical layer of the terminal device according to the measurement result. (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) (See Sharma fig. 4, s405; Source node determines the trigger based upon the measurement report sent by the UE) Regarding claim 34, Sharma in view of Zhang discloses the network device of claim 15, wherein switching of the TRP connected with the terminal device from the first TRP into the second TRP is triggered by the MAC layer of the terminal device according to the measurement result. (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) (See Sharma fig. 4, s405; Source node determines the trigger based upon the measurement report sent by the UE) Claims 35, 36, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma (2021/0329515) and further in view of Zhang (WO2021/227006) and further in view of Yi (2020/0350972). Regarding claim 35, Sharma in view of Zhang discloses the network device of claim 15. Sharma in view of Zhang do not explicitly disclose configuring a first reference signal set and a second reference signal set for the terminal device, wherein the first reference signal set comprises a detection reference signal for Beam Failure Recovery (BFR), and the second reference signal set comprises a recovery new reference signal for the BFR. However, Yi does disclose configuring a first reference signal set and a second reference signal set for the terminal device, (See Yi para. 335; first resource-config indexes through failureDetectionResources identify CSI-RS or SS/PBCH blocks and second set of resource-config indexes through candidateBeamRSList identify CSI-RS or SS/PBCH blocks) wherein the first reference signal set comprises a detection reference signal for Beam Failure Recovery (BFR), and (See Yi para. 335; first resource-config indexes through failureDetectionResources identify CSI-RS or SS/PBCH blocks; para. 339, 341 measure against a threshold and sending beam failure instance) the second reference signal set comprises a recovery new reference signal for the BFR. (See Yi para. 335; second set of resource-config indexes through candidateBeamRSList identify CSI-RS or SS/PBCH blocks; para. 343; second threshold and MAC selects a candidate reference signal based upon set; see also para. 378) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the apparatus of Sharma to include the teaching of configuring a first reference signal set and a second reference signal set for the terminal device, wherein the first reference signal set comprises a detection reference signal for Beam Failure Recovery (BFR), and the second reference signal set comprises a recovery new reference signal for the BFR Yi with the motivation being to reduce BFR overhead, latency and interruption in multi-TRP systems and further to allow for separate BFR detection and candidate-recovery RS sets which may allow for more fine tuning of parameters and reduce dropped connections and further to allow for quicker switching when a BFR occurs. Regarding claim 36, Sharma in view of Zhang in view of Yi discloses the network device of claim 35, the processor is configured to invoke and run the computer-executable instructions stored in the memory to cause the network device to further perform operations of: after configuring the first reference signal set and the second reference signal set for the terminal device, receiving reporting information sent by the terminal device, wherein the reporting information is used for indicating that at least one of the first reference signal set or the second reference signal set satisfies a first preset condition; and(See Yi para. 384; reporting candidate beams with good quality; para. 399; BFR request sent on PUCCH/PUSCH) The motivation being to reduce BFR overhead, latency and interruption in multi-TRP systems and further to allow for separate BFR detection and candidate-recovery RS sets which may allow for more fine tuning of parameters and reduce dropped connections and further to allow for quicker switching when a BFR occurs. sending handover triggering indication information to the terminal device, wherein the handover triggering indication information is used for indicating switching of the TRP connected with the terminal device from the first TRP into the second TRP. (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) Regarding claim 37, Sharma in view of Zhang in view of Yi discloses the network device of claim 35, wherein switching of the TRP connected with the terminal device from the first TRP into the second TRP is triggered by the physical layer or the MAC layer when the physical layer or the MAC layer (See Sharma fig. 6; UE receives L1/L2 signaling S617 which causes switch at box s619) determines that at least one of the first reference signal set or the second reference signal set satisfies a first preset condition. (See Yi para. 335; first resource-config indexes through failureDetectionResources identify CSI-RS or SS/PBCH blocks; para. 339, 341 measure against a threshold and sending beam failure instance) (See Yi para. 335; second set of resource-config indexes through candidateBeamRSList identify CSI-RS or SS/PBCH blocks; para. 343; second threshold and MAC selects a candidate reference signal based upon set; see also para. 378) the motivation being to reduce BFR overhead, latency and interruption in multi-TRP systems and further to allow for separate BFR detection and candidate-recovery RS sets which may allow for more fine tuning of parameters and reduce dropped connections and further to allow for quicker switching when a BFR occurs. Conclusion 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 STEPHEN J CLAWSON whose telephone number is (571)270-7498. The examiner can normally be reached M-F 7:30-5:00 pm est. 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, Huy D Vu can be reached at (571) 272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Stephen J Clawson/Primary Examiner, Art Unit 2461
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Prosecution Timeline

Apr 12, 2024
Application Filed
Apr 14, 2026
Non-Final Rejection mailed — §103, §112
Jul 14, 2026
Response Filed
Aug 10, 2026
Final Rejection mailed — §103, §112 (current)

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