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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
DETAILED ACTION
This communication is in response to Application No. 18/667,081 filed on 17 May 2024. The response filed 15 July 2026 amends claims 1-14 and 20, and presents arguments is hereby acknowledged. Claims 1-20 are presented for examination.
Response to Arguments
Independent Claims 1, 13, and 14
On pages 7-9 of the response filed 15 July 2026, Applicant addresses the 35 U.S.C. 103 rejection made on the 17 April 2026 Non-Final Rejection. Applicant’s arguments, regarding the rejections under 35 U.S.C. 103, have been fully considered.
On pages 7-9, Applicant argues that the Kim/Huang system fails to teach or suggest the claimed invention. Applicant argues that Kim related to avoiding measurements altogether. Further, Applicant argues that Huang is related to network controlled small gap operations and could not cure the deficiency in Kim. Examiner respectfully disagrees and finds this argument unpersuasive. Kim, in paragraph 0837, states “UE includes intraFreq-needForGap2 and set the interruption requirement information (i.e., whether ncsg is required) of intra-frequency measurement for each NR serving cell. UE sets either ncsg or no-ncsg for each serving cell.” Huang, in paragraphs 0105 provides for a Network Controlled Small Gap (NCSG) procedure performed by a UE. One having ordinary skill in the art would combine Huang with Kim in order to configure NCSG procedure in the system of Kim. Therefore, Examiner finds this argument unpersuasive.
Dependent Claims 2-12 and 15-20
On pages 7-9 of the response filed 15 July 2026, Applicant addresses the 35 U.S.C. 103 rejection made on the 17 April 2026 Non-Final Rejection. Applicant submits that these claims are allowable at least as depending from an allowable independent claim, and further in view of the amendments to the independent claims, and the comments provided above. As per the comments above, Examiner found the arguments unpersuasive.
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 1-6 and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over US PGPUB 2025/0287394 A1 to Kim and in view of US PGPUB 2024/0098539 A1 to Huang et al.
Regarding Claim 1, Kim discloses a user device (FIG. 21, UE 4B01) comprising: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the user device to at least: initiate a communication session with a network (FIG. 21 step 4B11 and paragraphs 0795-0798 provides for UE sending a capability information message to GNB for initiating a communication session); provide, to the network, an indication that the communication session will be conducted without measurement gaps (FIG. 21 step 4B17 and paragraphs 0832-0836 provides for UE providing, to GNB, a second request where UE sets no-gap for a serving cell); provide an indication of one of a defined interruption rate or an undefined interruption rate for the communication session conducted without measurement gaps (FIG. 21 step 4B17, paragraphs 0833-0838 and 0896-0898 provides for UE providing an indication of the interruption requirement information for each serving cell). Although Kim discloses conduct the communication session without measurement gaps and (FIG. 21 step 4B23, Table 12, and paragraph 0964-0965), Kim doesn’t explicitly disclose conduct the communication session without measurement gaps and according to the one of the defined interruption rate or the undefined interruption rate for the communication session. Huang, in a similar field of endeavor, discloses conduct the communication session without measurement gaps and according to the one of the defined interruption rate or the undefined interruption rate for the communication session (FIG. 5 and 0105 provides for conducting a session with the measurement gap selected to reduce an interruption rate). One of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the teachings of Huang for measurement gaps. The measurement gaps of Huang, when implemented with the inter-RAT measurement of the Kim system, will allow one of ordinary skill in the art to configure gap patterns in order to optimize the interruption rate. Therefore, the examiner concludes it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to utilize the measurement gaps of Huang with the inter-RAT measurement of the Kim system for the desirable purpose of configuring an interruption rate associated with a cell.
Regarding Claim 2, the Kim/Huang system discloses the user device of claim 1, wherein causing the user device to provide the indication of the one of the defined interruption rate or the undefined interruption rate comprises causing the user device to provide the indication of the defined interruption rate and a permissible rate of interruption (Huang, FIG. 5 and 0105 provides for conducting a session with the measurement gap selected to reduce an interruption rate). Same motivation as claim 1.
Regarding Claim 3, the Kim/Huang system discloses the user device of claim 2, wherein the user device is further caused to: receive an indication of a configuration from a network according to the indication of the defined interruption rate (Kim, 0820 provides for UE receiving RRC message indicating need for gaps configuration).
Regarding Claim 4, the Kim/Huang system discloses the user device of claim 3, wherein the user device is further caused to: conduct the communication session with the network without measurement gaps and according to the indication of the defined interruption rate (Kim, 0820-0828 provides for UE generating gap request according to the need for gaps configuration).
Regarding Claim 5, the Kim/Huang system discloses the user device of claim 4, wherein the user device is further caused to: provide for interruptions of the communication session at a rate that does not exceed the permissible rate of interruption (Huang, 0104-0105 provides for eliminating an interruption rate). Same motivation as claim 1.
Regarding Claim 6, the Kim/Huang system discloses the user device of claim 5, wherein the interruptions of the communication session are provided in order to perform signal measurements (Huang, 0104-0105 provides for the interruption rate is associated with SCell measurement). Same motivation as claim 1.
Regarding Claim 13, Kim discloses a network entity (FIG. 21, gNB 4B03) comprising: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the network entity at least to: receive a request for a communication session from a user device (FIG. 21 step 4B11 and paragraphs 0795-0798 provides for gNB receiving a capability information message for initiating a communication session from a UE); receive, from the user device, an indication that the communication session will be conducted without measurement gaps (FIG. 21 step 4B17 and paragraphs 0832-0836 provides for GNB receives a second request from UE where UE sets no-gap for a serving cell); receive, from the user device, an indication of one of a defined interruption rate or an undefined interruption rate for the communication session (FIG. 21 step 4B17 and paragraphs 0833-0838 and 0896-0898 provides for GNB receiving an indication from UE of the interruption requirement information for each serving cell). Kim doesn’t explicitly disclose conduct the communication session without measurement gaps and according to the one of the defined interruption rate or the undefined interruption rate for the communication session. Huang, in a similar field of endeavor, discloses conduct the communication session without measurement gaps and according to the one of the defined interruption rate or the undefined interruption rate for the communication session (FIG. 5 and 0105 provides for conducting a session with the measurement gap selected to reduce an interruption rate). Same motivation as claim 1.
Regarding Claim 14, similar rejection where the user device of claim 1 teaches the method of claim 14.
Regarding Claim 15, similar rejection where the user device of claim 2 teaches the method of claim 15.
Regarding Claim 16, similar rejection where the user device of claim 3 teaches the method of claim 16.
Regarding Claim 17, similar rejection where the user device of claim 4 teaches the method of claim 17.
Claims 7-12 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over the Kim/Huang system as applied to claims 1 and 14 above, and further in view of WO 2024086135 A1 to Rui et al.
Regarding Claim 7, the Kim/Huang system discloses the user device of claim 1. The Kim/Huang system doesn’t explicitly disclose wherein causing the user device to provide the indication of the one of the defined interruption rate or the undefined interruption rate comprises causing the user device to provide the indication of the undefined interruption rate. Rui, in a similar field of endeavor, discloses wherein causing the user device to provide the indication of the one of the defined interruption rate or the undefined interruption rate comprises causing the user device to provide the indication of the undefined interruption rate (0045 and 0117 provides for a new IE may be referred to as a NeedForInterruptionInfoNR-R18 IE). One of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the teachings of Rui for R18 features supported by a user equipment device. The R18 features of Rui, when implemented with the inter-RAT measurement of the Kim/Huang system, will allow one of ordinary skill in the art to configure interruption requirements in order to optimize the interruption rate. Therefore, the examiner concludes it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to utilize the R18 features of Rui with the inter-RAT measurement of the Kim/Huang system for the desirable purpose of configuring an optimal interruption rate associated with a cell.
Regarding Claim 8, the Kim/Huang/Rui system discloses the user device of claim 7, wherein the user device is further caused to: receive an indication of a configuration from a network according to the indication of the undefined interruption rate (Rui, 0045 and 0117 provides for a new IE may be referred to as a NeedForInterruptionInfoNR-R18 IE). Same motivation as claim 7.
Regarding Claim 9, the Kim/Huang/Rui system discloses the user device of claim 7, wherein the user device is further caused to: conduct the communication session with the network without measurement gaps according to the indication of the undefined interruption rate (Rui, 0045 and 0117 provides for a new IE may be referred to as a NeedForInterruptionInfoNR-R18 IE). Same motivation as claim 7.
Regarding Claim 10, the Kim/Huang/Rui system discloses the user device of claim 9, wherein the user device is further caused to: provide for interruptions of the communication session at a rate that does not exceed a permissible rate of interruption defined according to a specification associated with the user device (Rui, 0045 and 0117 provides for a new IE may be referred to as a NeedForInterruptionInfoNR-R18 IE). Same motivation as claim 7.
Regarding Claim 11, the Kim/Huang/Rui system discloses the user device of claim 10, wherein the interruptions of the communication session are provided for performing signal measurements (Rui, 0045 and 0117 provides for a new IE may be referred to as a NeedForInterruptionInfoNR-R18 IE). Same motivation as claim 7.
Regarding Claim 12, the Kim/Huang/Rui system discloses the user device of claim 9, wherein the user device is further caused to: perform signal measurements as interruptions of the communication session at a rate that does not exceed a permissible rate of interruption defined according to a specification associated with the user device (Rui, 0045 and 0117 provides for a new IE may be referred to as a NeedForInterruptionInfoNR-R18 IE with corresponding value in the 3GPP). Same motivation as claim 7.
Regarding Claim 18, similar rejection where the user device of claim 7 teaches the method of claim 18.
Regarding Claim 19, similar rejection where the user device of claim 8 teaches the method of claim 19.
Regarding Claim 20, similar rejection where the user device of claim 9 teaches the method of claim 20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PGPUB 2023/0156535 A1 to Chen et al discloses configuring a measurement configuration for a time gap.
US PGPUB 2021/0360717 A1 to Thangarasa et al discloses limiting interruption in multi-carrier operations.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCHQUITA GOODWIN whose telephone number is (571)272-5477. The examiner can normally be reached M-F 9am - 5pm 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, Tonia Dollinger can be reached on (571) 272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SCHQUITA D GOODWIN/Primary Examiner, Art Unit 2459
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