DETAILED ACTION
1. Claims 1, 2, 4-10, 13-17, and 19-24 have been examined and are pending.
Response to Amendment
2. In response to the amendments received in the Office on 5/29/2026, the Office acknowledges the current status of the claims: claims 1, 2, 4-9, 13, 17, and 19-22 have been amended, claims 3, 11, 12, and 18 have been canceled, claims 23 and 24 have been added new, and no new matter appears to be included.
3. In response to the amendments received in the Office on 5/29/2026, the objection to the title of the specification has been withdrawn.
Response to Arguments
4. Applicant’s arguments with respect to claims 1, 2, 4-10, 13-17, and 19-24 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
8. Claims 1, 2, 4-10, 13-17, and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication 2024/0223323 A1 to Huang et al. (hereinafter “Huang”), claiming benefit to and fully-supported by provisionally-filed Application No. 63/234,614, filed August 18, 2021 in view of United States Patent Application Publication 2019/0182000 A1 to Futaki (hereinafter “Futaki”).
Regarding Claim 1, Huang discloses a method for sending capability indication information, performed by a user equipment (UE), comprising:
sending the capability indication information to a network device (Huang: [0066-0068] – UE sends to the network capability information indicating support for pre-configured measurement gap activation, either on (activation) or off (deactivation).);
the capability indication information indicates whether the UE supports an activation or deactivation of a pre-configured measurement gap (Huang: [0066-0068] – UE sends to the network capability information indicating support for pre-configured measurement gap activation, either on (activation) or off (deactivation).); and
determining the pre-configured measurement gap of the UE to be activated or deactivated based on a measurement configuration of the UE (Huang: [0081], [0088], [0097-0122] – corresponds to a measurement configuration that includes a measurement gap reporting element; see also [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network based on pre-configured measurement gap status.), wherein the capability indication information indicates that the UE supports the activation or deactivation of the pre-configured measurement gap (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network of whether or not UE supports activation/deactivation of pre-configured measurement gap.),
wherein determining the pre-configured measurement gap of the UE to be activated or deactivated based on measurement configuration of the UE comprises:
triggering the UE to choose the pre-configured measurement gap of the UE to be activated or deactivated (Huang: [0068] – “When the UE does not support the capability of autonomous knowledge of the pre-configured measurement gap activation status, the network may indicate the pre-configured measurement gap activation status to the UE when the other conditions are triggered. As a result, the requirements on the measurement report can be different for UEs with different capabilities on supportedPreMGActivationAuto.”).
Although Huang discloses triggering the UE to choose the pre-configured measurement gap of the UE to be activated or deactivated, Huang does not disclose that the triggering is based on one of adding, releasing or changing a primary secondary cell, or activating or deactivating a secondary cell.
However, this feature cannot be considered new or novel in the presence of Futaki. Futaki is similarly concerned with signaling capabilities for measurement reports (Futaki: [0031]). Futaki discloses determining a measurement gap based on at least one of adding, releasing or changing a primary secondary cell (Futaki: [0022], [0032] – implied in that the PSCell may not be changed, and by the disclosure in [0022] that the PSCell may be changed.); or activating or deactivating a secondary cell (Futaki: [0032] – a secondary cell may be activated or deactivated of a measurement gap.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the triggering of Huang in view of Futaki to determine a measurement gap based on adding, releasing, or changing a primary secondary cell and/or activating or deactivating a secondary cell for the reasons of allowing inter-RAT frequency or inter-frequency measurements based on a UE capability (Futaki: [0031]).
Regarding Claim 2, the combination of Huang and Futaki discloses the method according to claim 1, wherein Huang further discloses further comprising:
receiving status indication information sent by the network device (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network.), wherein the status indication information indicates that the pre-configured measurement gap of the UE is activated or deactivated (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network of whether or not UE supports activation/deactivation of pre-configured measurement gap.); and
configuring the pre-configured measurement gap of the UE to be activated or deactivated based on the status indication information (Huang: [0068] – “When the UE does not support the capability of autonomous knowledge of the pre-configured measurement gap activation status, the network may indicate the pre-configured measurement gap activation status to the UE when the other conditions are triggered. As a result, the requirements on the measurement report can be different for UEs with different capabilities on supportedPreMGActivationAuto.”).
Regarding Claim 4, the combination of Huang and Futaki discloses the method according to claim 1, wherein Huang further discloses further comprising:
receiving status indication information sent by the network device (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network of whether or not UE supports activation/deactivation of pre-configured measurement gap.) when the capability indication information indicates that the UE does not support the activation or deactivation of the pre-configured measurement gap (Huang: [0068] – “When the UE does not support the capability of autonomous knowledge of the pre-configured measurement gap activation status, the network may indicate the pre-configured measurement gap activation status to the UE when the other conditions are triggered. As a result, the requirements on the measurement report can be different for UEs with different capabilities on supportedPreMGActivationAuto.”), wherein the status indication information indicates that the pre-configured measurement gap of the UE is activated or deactivated (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network of whether or not UE supports activation/deactivation of pre-configured measurement gap.); and
configuring the pre-configured measurement gap of the UE to be activated or deactivated based on the status indication information (Huang: [0066-0068] – network determines the network capability information indicating support for pre-configured measurement gap activation, either on (activation) or off (deactivation).).
Regarding Claim 5, the combination of Huang and Futaki discloses the method according to claim 1, wherein Huang further discloses determining the pre-configured measurement gap of the UE to be activated or deactivated based on the measurement configuration of the UE comprises triggering the UE to choose the pre-configured measurement gap of the UE to be activated or deactivated (Huang: [0068] – “When the UE does not support the capability of autonomous knowledge of the pre-configured measurement gap activation status, the network may indicate the pre-configured measurement gap activation status to the UE when the other conditions are triggered. As a result, the requirements on the measurement report can be different for UEs with different capabilities on supportedPreMGActivationAuto.”) based on at least one of:
a bandwidth part (BWP) switching (Huang: [0062] – “A fast measurement gap configuration for a pre-configured measurement gap pattern has been approved in RAN4, RAN2. The Radio Resource Measurement requirements for the pre-configured measurement gap pattern include the mechanisms, rules, and behavior for activation/deactivation of the measurement gap following a downlink control information (DCI) or timer-based BWP switch, e.g., per BWP measurement gap configuration.” See also [0063-0066].); or
adding or deleting a measurement object (Huang: [0063] – “In some embodiments, BWP switching may be one mandatory condition to activate the pre-configured measurement gap. Another condition may be that the ongoing measurements on the configured measurement objects (MOs) remains unchanged.” See also [0088], [0095].).
Regarding Claim 6, the combination of Huang and Futaki discloses the method according to claim 1, wherein Huang further discloses determining the pre-configured measurement gap of the UE to be activated or deactivated based on the measurement configuration of the UE comprises at least one of:
configuring the pre-configured measurement gap of the UE to be deactivated, wherein all measurement carriers in the measurement configuration do not require a measurement gap (alternative language); or
configuring the pre-configured measurement gap of the UE to be activated, wherein one of measurement carriers in the measurement configuration requires a measurement gap (Huang: [0088-0089] – corresponds to a measurement configuration including a frequency/time location, or carrier for measurement requiring a measurement gap.).
Regarding Claim 7, Huang discloses a method for receiving capability indication information, performed by a network device, comprising:
receiving the capability indication information sent by a UE (Huang: [0066-0068] – network receives from the UE capability information indicating support for pre-configured measurement gap activation, either on (activation) or off (deactivation).);
wherein the capability indication information indicates whether the UE supports an activation or deactivation of a pre-configured measurement gap (Huang: [0066-0068] – UE sends to the network capability information indicating support for pre-configured measurement gap activation, either on (activation) or off (deactivation).); when the capability indication information indicates whether the UE supports an activation or deactivation of a pre-configured measurement gap (Huang: [0066-0068] – UE sends to the network capability information indicating support for pre-configured measurement gap activation, either on (activation) or off (deactivation).), the pre-configured measurement gap of the UE to be activated or deactivated is determined based on a measurement configuration of the UE (Huang: [0081], [0088], [0097-0122] – corresponds to a measurement configuration that includes a measurement gap reporting element; see also [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network based on pre-configured measurement gap status.); and
wherein the pre-configured measurement gap of the UE to be activated or deactivated is determined based on measurement configuration of the UE in the following manner:
triggering the UE to choose the pre-configured measurement gap of the UE to be activated or deactivated (Huang: [0068] – “When the UE does not support the capability of autonomous knowledge of the pre-configured measurement gap activation status, the network may indicate the pre-configured measurement gap activation status to the UE when the other conditions are triggered. As a result, the requirements on the measurement report can be different for UEs with different capabilities on supportedPreMGActivationAuto.”).
Although Huang discloses triggering the UE to choose the pre-configured measurement gap of the UE to be activated or deactivated, Huang does not disclose that the triggering is based on one of adding, releasing or changing a primary secondary cell, or activating or deactivating a secondary cell.
However, this feature cannot be considered new or novel in the presence of Futaki. Futaki is similarly concerned with signaling capabilities for measurement reports (Futaki: [0031]). Futaki discloses determining a measurement gap based on at least one of adding, releasing or changing a primary secondary cell (Futaki: [0022], [0032] – implied in that the PSCell may not be changed, and by the disclosure in [0022] that the PSCell may be changed.); or activating or deactivating a secondary cell (Futaki: [0032] – a secondary cell may be activated or deactivated of a measurement gap.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the triggering of Huang in view of Futaki to determine a measurement gap based on adding, releasing, or changing a primary secondary cell and/or activating or deactivating a secondary cell for the reasons of allowing inter-RAT frequency or inter-frequency measurements based on a UE capability (Futaki: [0031]).
Regarding Claim 8, the combination of Huang and Futaki discloses the method according to claim 7, wherein Huang further discloses further comprising:
sending status indication information to the UE, or not sending status indication information to the UE (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network.), wherein the status indication information indicates that the pre-configured measurement gap of the UE is activated or deactivated (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network of whether or not UE supports activation/deactivation of pre-configured measurement gap.).
Regarding Claim 9, the combination of Huang and Futaki discloses the method according to claim 7, wherein Huang further discloses further comprising:
sending status indication information to the UE (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network.), when the capability indication information indicates that the UE does not support the activation or deactivation of the pre-configured measurement gap (Huang: [0066-0068] – UE sends to the network capability information indicating support for pre-configured measurement gap activation, either on (activation) or off (deactivation).), wherein the status indication information indicates that the pre-configured measurement gap of the UE is activated or deactivated (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network of whether or not UE supports activation/deactivation of pre-configured measurement gap.).
Regarding Claim 10, the combination of Huang and Futaki discloses the method according to claim 7, wherein Huang further discloses sending status indication information to the UE comprises:
sending a per-BWP signaling to the UE (Huang: [0062] – “A fast measurement gap configuration for a pre-configured measurement gap pattern has been approved in RAN4, RAN2. The Radio Resource Measurement requirements for the pre-configured measurement gap pattern include the mechanisms, rules, and behavior for activation/deactivation of the measurement gap following a downlink control information (DCI) or timer-based BWP switch, e.g., per BWP measurement gap configuration…”);
wherein the per-BWP signaling comprises the status indication information (Huang: [0063-0064] – corresponds to the BWP switching as a mandatory condition for activation (status) of the pre-configured measurement gap.).
Claim 13, directed to an apparatus embodiment of claim 1, recite similar features as claim 1 and is therefore rejected upon the same grounds as claim 1. Please see above rejection of claim 1. Huang discloses the apparatus as a user equipment comprising a processor and memory in at least Figure 2 with [0044], wherein the device may be either a UE or a network equipment (eNB), including a processor and memory, elements 202 and 204, respectively.
Claim 14, directed to an apparatus embodiment of claim 7, recite similar features as claim 7 and is therefore rejected upon the same grounds as claim 7. Please see above rejection of claim 7. Huang discloses the apparatus as a network equipment comprising a processor and memory in at least Figure 2 with [0044], wherein the device may be either a UE or a base station, including a processor and memory, elements 202 and 204, respectively.
Claim 15, directed to an article of manufacture embodiment of claim 1, recite similar features as claim 1 and is therefore rejected upon the same grounds as claim 1. Please see above rejection of claim 1. Huang discloses the article of manufacture as a computer-readable medium in at least [0263].
Claim 16, directed to an article of manufacture embodiment of claim 7, recite similar features as claim 7 and is therefore rejected upon the same grounds as claim 7. Please see above rejection of claim 7. Huang discloses the article of manufacture as a computer-readable medium in at least [0263].
Regarding Claim 17, the combination of Huang and Futaki discloses the UE according to claim 13, wherein Huang further discloses the processor is further configured to execute the computer programs to implement:
receiving status indication information sent by the network device (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network.), wherein the status indication information indicates that the pre-configured measurement gap of the UE is activated or deactivated (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network of whether or not UE supports activation/deactivation of pre-configured measurement gap.); and
configuring the pre-configured measurement gap of the UE to be activated or deactivated based on the status indication information (Huang: [0068] – “When the UE does not support the capability of autonomous knowledge of the pre-configured measurement gap activation status, the network may indicate the pre-configured measurement gap activation status to the UE when the other conditions are triggered. As a result, the requirements on the measurement report can be different for UEs with different capabilities on supportedPreMGActivationAuto.”).
Regarding Claim 19, the combination of Huang and Futaki discloses the UE according to claim 13, wherein Huang further discloses the processor is further configured to execute the computer programs to implement:
receiving status indication information sent by the network device (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network of whether or not UE supports activation/deactivation of pre-configured measurement gap.) when the capability indication information indicates that the UE does not support the activation or deactivation of the pre-configured measurement gap (Huang: [0068] – “When the UE does not support the capability of autonomous knowledge of the pre-configured measurement gap activation status, the network may indicate the pre-configured measurement gap activation status to the UE when the other conditions are triggered. As a result, the requirements on the measurement report can be different for UEs with different capabilities on supportedPreMGActivationAuto.”), wherein the status indication information indicates that the pre-configured measurement gap of the UE is activated or deactivated (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network of whether or not UE supports activation/deactivation of pre-configured measurement gap.); and
configuring the pre-configured measurement gap of the UE to be activated or deactivated based on the status indication information (Huang: [0066-0068] – network determines the network capability information indicating support for pre-configured measurement gap activation, either on (activation) or off (deactivation).).
Regarding Claim 20, the combination of Huang and Futaki discloses the UE according to claim 13, wherein Huang further discloses the processor is further configured to execute the computer programs to implement:
triggering the UE to choose the pre-configured measurement gap of the UE to be activated or deactivated (Huang: [0068] – “When the UE does not support the capability of autonomous knowledge of the pre-configured measurement gap activation status, the network may indicate the pre-configured measurement gap activation status to the UE when the other conditions are triggered. As a result, the requirements on the measurement report can be different for UEs with different capabilities on supportedPreMGActivationAuto.”) based on at least one of:
a bandwidth part (BWP) switching (Huang: [0062] – “A fast measurement gap configuration for a pre-configured measurement gap pattern has been approved in RAN4, RAN2. The Radio Resource Measurement requirements for the pre-configured measurement gap pattern include the mechanisms, rules, and behavior for activation/deactivation of the measurement gap following a downlink control information (DCI) or timer-based BWP switch, e.g., per BWP measurement gap configuration.” See also [0063-0066].); or
adding or deleting a measurement object (Huang: [0063] – “In some embodiments, BWP switching may be one mandatory condition to activate the pre-configured measurement gap. Another condition may be that the ongoing measurements on the configured measurement objects (MOs) remains unchanged.” See also [0088], [0095].).
Regarding Claim 21, the combination of Huang and Futaki discloses the UE according to claim 13, wherein Huang further discloses the processor is further configured to execute the computer programs to implement at least one of:
configuring the pre-configured measurement gap of the UE to be deactivated, wherein all measurement carriers in the measurement configuration do not require a measurement gap (alternative language); or
configuring the pre-configured measurement gap of the UE to be activated, wherein one of measurement carriers in the measurement configuration requires a measurement gap (Huang: [0088-0089] – corresponds to a measurement configuration including a frequency/time location, or carrier for measurement requiring a measurement gap.).
Regarding Claim 22, the combination of Huang and Futaki discloses the network device according to claim 14, wherein Huang further discloses the processor is further configured to execute the computer programs to implement:
sending status indication information to the UE, or not sending status indication information to the UE (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network.), wherein the status indication information indicates that the pre-configured measurement gap of the UE is activated or deactivated (Huang: [0066-0068] – corresponds to an activation/deactivation status (on/off) signaled to the network or from the network of whether or not UE supports activation/deactivation of pre-configured measurement gap.).
9. Claims 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Huang and Futaki, and further in view of United States Patent Application Publication 2022/0264620 A1 to Teyeb et al. (hereinafter “Teyeb”).
Regarding Claim 23, the combination of Huang and Futaki discloses the method according to claim 1, wherein the capability indication information is carried in a signaling comprising an information element (Huang: [0067-0068] – capability information is indicated by the UE to the network via supportedPreMGActivationAuto, interpreted as an information element. Futaki: [0035] – capability information is signaled to the network by the UE using a UE Capability Information message, interpreted as an information element.).
However, the combination does not explicitly disclose the use of MeasAndMobParameters or a signaling comprising an information element MeasAndMobParametersMRDC for the purpose of forwarding the UE’s capability information to a network.
This feature of using a particular information element for signaling UE capabilities to a network cannot be considered new or novel in the presence of Teyeb. Teyeb is similarly concerned with transmitting/receiving UE capability information for the purpose of activating or deactivating a measurement (Teyeb: [0001]). Teyeb discloses the use of MeasAndMobParameters or a signaling comprising an information element MeasAndMobParametersMRDC for the purpose of forwarding the UE’s capability information to a network (Teyeb: [0111-0114]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the information elements of Huang and Futaki in view of the information elements of Teyeb to include MeasAndMobParameters and MeasAndMobParametersMRDC to signal a UE’s capability for the reasons of reducing state mismatches and/or failures of a UE that supports a plurality of wireless communication protocol standards (Teyeb: [0064-0067]). Teyeb extends already defined information elements MeasAndMobParameters and MeasAndMobParametersMRDC for idle/inactive measurements for both Long Term Evolution (LTE) and New Radio (NR) protocols, thus also allowing less signaling overhead.
Claim 24, dependent upon claim 7, recites similar features as claim 23 and is therefore rejected upon the same grounds as claim 23. Please see above rejection of claim 23.
Conclusion
10. 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.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN H ELLIOTT IV whose telephone number is (571)270-7163. The examiner can normally be reached M, T, R, F 5:00 AM-5:00 PM, W 5:00 AM-3:00 PM (EDT).
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BENJAMIN H. ELLIOTT IV
Primary Examiner
Art Unit 2474
/BENJAMIN H ELLIOTT IV/Primary Examiner, Art Unit 2474 July 1, 2026
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