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 .
This is in response to the Applicant’s arguments, and amendments filed on May 20, 2026 in which claims 16-18, 23-25, and 30 have been amended. Claims 16-30 are currently pending.
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 16-30 are rejected under 35 U.S.C. 103 as being unpatentable over HAN et al. (US 2021/0144658) in view of CHEN et al. (US 2024/0032008).
Regarding claim 16, HAN et al. (US 2021/0144658) teaches a method performed by a first base station in a wireless communication system, the method comprising: receiving, from a second base station, capability information indicating whether the second base station supports measurement gap (i.e., a master node interacts with a secondary node about a measurement gap configuration capability of a base station side through an X2 interface, or in a scenario of new radio new radio dual connectivity (NN-DC), the master node interacts with the secondary node about the measurement gap configuration capability of the base station side through an Xn interface [0092]-[0094], S502, the master node requests a gap pattern configuration through an SN modification required message [figs. 11-12], [0142]-[0146]; it is required for the secondary node to notify the master node, in an indication manner, whether the secondary node itself has delivered the LTE inter-frequency measurement [0149]; S601, the secondary node sends an SN modification required message to the master node, and notifies the master node whether the secondary node side delivers or detects the LTE inter-frequency measurement [0151]); and transmitting, to the second base station, measurement gap configuration in case that the second base station supports the measurement gaps (i.e., S503, the master node performs the gap configuration, and sends the gap configuration information to the secondary node side through an SN modification confirm message [0143]-[0148]). Han further teaches wherein the capability information is included in an inter-node RRC message or Xn message (i.e., indicating through an explicit information element in an RRC inter-node message carried in the X2 or Xn message [0083]), wherein a user equipment (UE) is connected to the first base station acting as a master node (MN) and the second base station acting as a secondary node (SN) (i.e., where the UE is connected to the master node and a secondary node simultaneously, the master node is an eNB or a gNB, and the secondary node is a gNB or an eNB [0100]-[0104]).
HAN does not specifically disclose whether the base station supports multiple measurement gaps, a preconfigured gap or network controlled small gap (NCSG).
However, the preceding limitation is known in the art of communications. Chen teaches The measurement gap may be configured by a measurement gap configuration (MeasGapConfig) information element (IE) that specifies the measurement gap configuration and control setup/release of measurement gaps ([0037]-[0039]). Various RRM features are being added to Release 17 networks. These include preconfigured MGs, multiple concurrent and independent MGs, and network controlled small gaps (NCSGs). The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP. Then, if the UE works on a particular BWP, the UE does not need to apply MG to save the scheduling opportunity. The preconfigured MG may be applicable to all MOs. Thus, the UE may activate/deactivate the preconfigured MG based only on the BWP on which it is operating. The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated. Thus, this design of the preconfigured MG provides that, for each configured BWP, the UE/NW needs to determine whether the pre-configured gap should be applied. The determination may be done by the network, which may send an explicit indication with an on/off flag, or by the UE without the on/off flag ([0047]-[0048]) for preconfigured measurement gaps, either NCSG or legacy gap may be possible ([0053]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Chen within the system of HAN in order to provide Measurement gap (MG) capability information on a per-UE basis in measurement and mobility parameters. This information may include an inter-frequency-measurement-no-gap field to indicate whether the UE can perform inter-frequency SSB based measurements without measurement gaps if the SSB is completely contained in the active BWP of the UE.
Regarding claim 17, HAN in view of CHEN teaches all the limitations above. HAN further teaches in case that the second base station does not support the multiple measurement gaps, the preconfigured gap or the NCSG, transmitting, to a user equipment (UE), reconfiguration information including information indicating single measurement gap (i.e., In S511, the secondary node side needs to release an LTE inter-frequency measurement, and does not need the gap configuration ([0145]). The claim limitation could have been derived by one of ordinary skill in the art from CHEN’s reference which discloses The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated. Thus, this design of the preconfigured MG provides that, for each configured BWP, the UE/NW needs to determine whether the pre-configured gap should be applied. The determination may be done by the network, which may send an explicit indication with an on/off flag, or by the UE without the on/off flag [0040]-[0043], [0047]-[0048], [0053], [0157], [0164]). Accordingly, one of ordinary skill in the art, could have easily conceived the invention in claim 3 from a combination of HAN and CHEN.
Regarding claim 18, HAN in view of CHEN teaches all the limitations above. HAN further teaches wherein the capability information is included in an inter-node RRC message or Xn message, wherein the capability information include maximum number of measurement gaps, maximum number of NCSG, maximum number of measurement gaps and NCSG together, maximum number of preconfigured gaps, maximum number of per UE or per FR gaps, and information indicating whether the second base station supports measurement gap separately for per UE, per FR1, or per FR2 (i.e., S702, the secondary node determines whether the secondary node supports the pre-FR gap (including FR2 gap configuration and per-FR scheduling support) through an X2/Xn setup response message [0128]e [0149]-[0156], [0162]).
Regarding claim 19, HAN in view of CHEN teaches all the limitations above. HAN further teaches transmitting, to the second base station, information indicating a number of measurement gaps that are allocated ([0108]-[0109], [0130]).
Regarding claim 20, HAN in view of CHEN teaches all the limitations above. HAN further teaches transmitting, to the second base station, information indicating whether the second base station is allowed to configure the preconfigured gap, the NCSG, and the multiple measurement gaps, based on the capability information (i.e., The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP [0047]-[0048], [0052], and [0136]).
Regarding claim 21, HAN in view of CHEN teaches all the limitations above. CHEN further teaches receiving, from the second base station, information indicating at least one frequency to be measured, information indicating whether pre-configuration of measurement gap is required for the at least one frequency, and initial activation status required of the preconfigured gap for the at least one frequency (i.e., The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP… Thus, the UE may activate/deactivate the preconfigured MG based only on the BWP on which it is operating. The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated [0047]-[0048]).
Regarding claim 22, HAN in view of CHEN teaches all the limitations above. CHEN further teaches receiving, from the second base station, information indicating activation status of the preconfigured gap ([0047]-[0048]).
Regarding claim 23, HAN et al. (US 2021/0144658) teaches first base station in a wireless communication system, the first base station comprising: at least one transceiver; and at least one processor coupled to the at least one transceiver (inherent features of base station) and configured to: receive, from a second base station, capability information indicating whether the second base station supports measurement gap (i.e., a master node interacts with a secondary node about a measurement gap configuration capability of a base station side through an X2 interface, or in a scenario of new radio new radio dual connectivity (NN-DC), the master node interacts with the secondary node about the measurement gap configuration capability of the base station side through an Xn interface [0092]-[0094], S502, the master node requests a gap pattern configuration through an SN modification required message [figs. 11-12], [0142]-[0146]; it is required for the secondary node to notify the master node, in an indication manner, whether the secondary node itself has delivered the LTE inter-frequency measurement [0149]; S601, the secondary node sends an SN modification required message to the master node, and notifies the master node whether the secondary node side delivers or detects the LTE inter-frequency measurement [0151]); and transmit, to the second base station, measurement gap configuration in case that the second base station supports the measurement gaps (i.e., S503, the master node performs the gap configuration, and sends the gap configuration information to the secondary node side through an SN modification confirm message [0143]-[0148]). Han further teaches wherein the capability information is included in an inter-node RRC message or Xn message (i.e., indicating through an explicit information element in an RRC inter-node message carried in the X2 or Xn message [0083]), wherein a user equipment (UE) is connected to the first base station acting as a master node (MN) and the second base station acting as a secondary node (SN) (i.e., where the UE is connected to the master node and a secondary node simultaneously, the master node is an eNB or a gNB, and the secondary node is a gNB or an eNB [0100]-[0104]).
HAN does not specifically disclose whether the base station supports multiple measurement gaps, a preconfigured gap or network controlled small gap (NCSG).
However, the preceding limitation is known in the art of communications. Chen teaches The measurement gap may be configured by a measurement gap configuration (MeasGapConfig) information element (IE) that specifies the measurement gap configuration and control setup/release of measurement gaps ([0037]-[0039]). Various RRM features are being added to Release 17 networks. These include preconfigured MGs, multiple concurrent and independent MGs, and network controlled small gaps (NCSGs). The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP. Then, if the UE works on a particular BWP, the UE does not need to apply MG to save the scheduling opportunity. The preconfigured MG may be applicable to all MOs. Thus, the UE may activate/deactivate the preconfigured MG based only on the BWP on which it is operating. The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated. Thus, this design of the preconfigured MG provides that, for each configured BWP, the UE/NW needs to determine whether the pre-configured gap should be applied. The determination may be done by the network, which may send an explicit indication with an on/off flag, or by the UE without the on/off flag ([0047]-[0048]) for preconfigured measurement gaps, either NCSG or legacy gap may be possible ([0053]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Chen within the system of HAN in order to provide Measurement gap (MG) capability information on a per-UE basis in measurement and mobility parameters. This information may include an inter-frequency-measurement-no-gap field to indicate whether the UE can perform inter-frequency SSB based measurements without measurement gaps if the SSB is completely contained in the active BWP of the UE.
Regarding claim 24, HAN in view of CHEN teaches all the limitations above. HAN further teaches in case that the second base station does not support the multiple measurement gaps, the preconfigured gap or the NCSG, transmit, to a user equipment (UE), reconfiguration information including information indicating single measurement gap (i.e., In S511, the secondary node side needs to release an LTE inter-frequency measurement, and does not need the gap configuration ([0145]). The claim limitation could have been derived by one of ordinary skill in the art from CHEN’s reference which discloses The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated. Thus, this design of the preconfigured MG provides that, for each configured BWP, the UE/NW needs to determine whether the pre-configured gap should be applied. The determination may be done by the network, which may send an explicit indication with an on/off flag, or by the UE without the on/off flag [0040]-[0043], [0047]-[0048], [0053], [0157], [0164]). Accordingly, one of ordinary skill in the art, could have easily conceived the invention in claim 3 from a combination of HAN and CHEN.
Regarding claim 25, HAN in view of CHEN teaches all the limitations above. HAN further teaches wherein the capability information is included in an inter-node RRC message or Xn message, wherein the capability information include maximum number of measurement gaps, maximum number of NCSG, maximum number of measurement gaps and NCSG together, maximum number of preconfigured gaps, maximum number of per UE or per FR gaps, and information indicating whether the second base station supports measurement gap separately for per UE, per FR1, or per FR2 (i.e., S702, the secondary node determines whether the secondary node supports the pre-FR gap (including FR2 gap configuration and per-FR scheduling support) through an X2/Xn setup response message [0128]e [0149]-[0156], [0162]).
Regarding claim 26, HAN in view of CHEN teaches all the limitations above. HAN further teaches transmitting, to the second base station, information indicating a number of measurement gaps that are allocated ([0108]-[0109], [0130]).
Regarding claim 27, HAN in view of CHEN teaches all the limitations above. HAN further teaches transmitting, to the second base station, information indicating whether the second base station is allowed to configure the preconfigured gap, the NCSG, and the multiple measurement gaps, based on the capability information (i.e., The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP [0047]-[0048], [0052], and [0136]).
Regarding claim 28, HAN in view of CHEN teaches all the limitations above. CHEN further teaches receiving, from the second base station, information indicating at least one frequency to be measured, information indicating whether pre-configuration of measurement gap is required for the at least one frequency, and initial activation status required of the preconfigured gap for the at least one frequency (i.e., The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP… Thus, the UE may activate/deactivate the preconfigured MG based only on the BWP on which it is operating. The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated [0047]-[0048]).
Regarding claim 29, HAN in view of CHEN teaches all the limitations above. CHEN further teaches receive, from the second base station, information indicating activation status of the preconfigured gap ([0047]-[0048]).
Regarding claim 30, HAN et al. (US 2021/0144658) teaches a method performed by a second base station in a wireless communication system, the method comprising: transmitting, to a first base station, capability information indicating whether the second base station supports measurement gap (i.e., a master node interacts with a secondary node about a measurement gap configuration capability of a base station side through an X2 interface, or in a scenario of new radio new radio dual connectivity (NN-DC), the master node interacts with the secondary node about the measurement gap configuration capability of the base station side through an Xn interface [0092]-[0094], S502, the master node requests a gap pattern configuration through an SN modification required message [figs. 11-12], [0142]-[0146]; it is required for the secondary node to notify the master node, in an indication manner, whether the secondary node itself has delivered the LTE inter-frequency measurement [0149]; S601, the secondary node sends an SN modification required message to the master node, and notifies the master node whether the secondary node side delivers or detects the LTE inter-frequency measurement [0151]); and receiving, from the first base station, measurement gap configuration in case that the second base station supports the measurement gaps (i.e., S503, the master node performs the gap configuration, and sends the gap configuration information to the secondary node side through an SN modification confirm message [0143]-[0148]). Han further teaches wherein the capability information is included in an inter-node RRC message or Xn message (i.e., indicating through an explicit information element in an RRC inter-node message carried in the X2 or Xn message [0083]), wherein a user equipment (UE) is connected to the first base station acting as a master node (MN) and the second base station acting as a secondary node (SN) (i.e., where the UE is connected to the master node and a secondary node simultaneously, the master node is an eNB or a gNB, and the secondary node is a gNB or an eNB [0100]-[0104]).
HAN does not specifically disclose whether the base station supports multiple measurement gaps, a preconfigured gap or network controlled small gap (NCSG).
However, the preceding limitation is known in the art of communications. Chen teaches The measurement gap may be configured by a measurement gap configuration (MeasGapConfig) information element (IE) that specifies the measurement gap configuration and control setup/release of measurement gaps ([0037]-[0039]). Various RRM features are being added to Release 17 networks. These include preconfigured MGs, multiple concurrent and independent MGs, and network controlled small gaps (NCSGs). The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP. Then, if the UE works on a particular BWP, the UE does not need to apply MG to save the scheduling opportunity. The preconfigured MG may be applicable to all MOs. Thus, the UE may activate/deactivate the preconfigured MG based only on the BWP on which it is operating. The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated. Thus, this design of the preconfigured MG provides that, for each configured BWP, the UE/NW needs to determine whether the pre-configured gap should be applied. The determination may be done by the network, which may send an explicit indication with an on/off flag, or by the UE without the on/off flag ([0047]-[0048]) for preconfigured measurement gaps, either NCSG or legacy gap may be possible ([0053]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Chen within the system of HAN in order to provide Measurement gap (MG) capability information on a per-UE basis in measurement and mobility parameters. This information may include an inter-frequency-measurement-no-gap field to indicate whether the UE can perform inter-frequency SSB based measurements without measurement gaps if the SSB is completely contained in the active BWP of the UE.
Response to Arguments
Applicant's arguments filed 05/20/2026 have been fully considered but they are not persuasive.
The Applicant argues that Han does not teach capability information about multiple measurement gaps, preconfigured gaps, or NCSG. Han does not specifically disclose whether the base station supports multiple measurement gaps, a preconfigured gap or network controlled small gap (NCSG). However, the Examiner disagrees with the preceding argument. Han discloses that measurement gap configuration device is applied in base station corresponding to Master node or Secondary node [0097]. In S14, a secondary node requests a master node to perform one of measurement gap configuration update or measurement gap release by carrying an indication in an X2 or Xn interface message; and meanwhile the secondary node receives an X2 or Xn interface message sent by the master node, where the X2 or Xn interface message carries an indication for notifying a secondary node side to perform one of measurement gap configuration update, maintenance or release, and the UE is connected to the master node and the secondary node simultaneously.. The measurement gap configuration device is applied to a secondary node and includes a requesting module, which is configured to request a master node to perform one of gap configuration update or gap release by carrying an indication in an Xn interface message, or receive, by the secondary node, an Xn interface message sent by the master node, where the Xn interface message carries an indication for notifying a secondary node side to perform one of gap configuration update, maintenance or release; where a UE is connected to the master node and the secondary node simultaneously/(dual connectivity) ([0101]). The system provides another measurement gap configuration device. The device is applied to a master node and includes a first interaction module or a second interaction module, the first interaction module is configured to, in a scenario of evolved universal terrestrial radio access network new radio dual connectivity (EN-DC), interact with a secondary node about a gap configuration capability of a base station side through an X2 interface, and the second interaction module is configured to, in a scenario of new radio new radio dual connectivity (NN-DC), interact with a secondary node about a gap configuration capability of a base station side through an Xn interface ([0102]).
In addition the Applicant argues that Han explicitly limits the scope of the gap configuration capability to whether a "per-FR gap" is supported. However, the Examiner disagrees with the preceding argument. The Examiner maintains that the disclosure of Han read on multiple measurement gaps which corresponds to at least measurement FR1 gap and FR2 gap wherein In the EN-DC scenario, only an FR2 gap in the per-FR gap (herein, the per-FR gap corresponds to two different forms, i.e., an FR1 gap and the FR2 gap, which correspond to different frequency ranges: the frequency of the FR1 is relatively low while the frequency of the FR2 is relatively high) needs to be configured by the secondary node (SN) (e.g. NR) side. According to the current gap coordination framework, there are two kinds of triggering scenarios for the FR2 gap configuration on the SN side: the measurement of the FR2 frequency needs to be configured by the master node (MN) side and this measurement needs the assistance from the FR2 gap, and in this scenario, the MN will send an FR2 frequency (an absolute radio frequency channel number (NR-ARFCN)) list to the SN through the X2 interface; and the measurement of the FR2 frequency needs to be configured by the SN side and this measurement needs the assistance from the FR2 gap, and in this scenario, the SN itself determines the FR2 gap configuration ([0107]-[0108]). Therefore, measurement of FR1 gap and measurement of FR2 gap correspond to multiple measurement gaps.
The Applicant further argues that Chen does not teach teaches capability information indicating support for multiple measurement gaps, preconfigured gaps, or NCSG. Although Han teaches multiple measurement gap as recited above, Chen has been introduced to merely illustrate preconfigured MGs, multiple concurrent and independent MGs, and network controlled small gaps (NCSGs) in the same field of endeavor. The rejection is final.
Due to fact that the Examiner maintains the previous rejections as recited, there is no need to use other prior arts on the basis of new ground rejection. But the Examiner believe that the below prior arts can read on the claims.
WU teaches the method includes receiving (1502), at the first network node from the second network node, an information element that specifies a measurement gap capability of the UE in communication with the RAN. The method also includes determining (1504), based on information element, whether to generate a measurement gap configuration for the UE. Further, the method includes providing (1506), to the second network node, an indication of whether the first network node generated the measurement gap configuration for the UE ([abstr.]).
Escudero et al. teaches A communication network can include first network node and a second network node. One of the first network node and the second network node can be a master node, MN, and the other of the one of the first network node and the second network node can be a secondary node, SN. The first network node can communicate measurement gap configuration information with the second network node. The measurement gap configuration information comprises at least one of: an indication of a set of candidate measurement gap configurations; and an indication of a selected candidate measurement gap configuration of the set of candidate measurement gap configurations selected by the SN. Responsive to communicating the measurement gap configuration information, the first network node can communicate with a communication device using a measurement gap configuration based on the measurement gap configuration information (abstr., [0039]-[0043], [0049]).
Conclusion
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 JEAN ALLAND GELIN whose telephone number is (571)272-7842. The examiner can normally be reached MON-FR 9-6 PM.
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/JEAN A GELIN/Primary Examiner, Art Unit 2643
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