CTNF 18/704,009 CTNF 90498 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims This communication is in response to the application filed on 04/29/2024. Claims 1-6 and 9-14 are pending in this application, with claims 1,4 and 9-12 being independent. Attorney Information Request For efficient and faster prosecution of the current application, please provide direct phone number and email address of an attorney filing a response to this office action. Abstract 06-13 AIA The abstract of the disclosure is objected to because it is 166 words. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length . Correction is required. See MPEP § 608.01(b). Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim s 1-5 and 9-14 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Wang (US 2022/0046450 Al, hereinafter referred to as “Wang”) . Regarding Claims 1,4 and 9-12, Wang discloses a method for transmitting capability indication information, performed by a user equipment (Wang Fig.1 Para[0019] A terminal) , comprising: transmitting/receiving the capability indication information (Wang Fig.2 Para[0040-42] The MN sends the UE capability information to the SN and the UE capability information is previously obtained by the MN) to/by a network device (Wang Fig.1 Para[0019] A network device (i.e. MN)) , wherein the capability indication information is configured to indicate whether the user equipment supports a contention measurement gap for an inter-radio access technology (inter-RAT) measurement (Wang Fig.2 Para[0041-42,0069-72] The UE capability information is regarding whether the UE supports per FR (i.e. per RAT) gap. In case of dual connectivity in NR with inter-RAT measurement, see [0072]). Specifically for claims 9 and 11, Wang discloses a user equipment that includes a processor (Wang Fig.6 A processor) and a memory (Wang Fig.6 A memory) . Specifically for claims 10 and 12, Wang discloses a network device that includes a processor (Wang Fig.6 A processor) and a memory (Wang Fig.6 A memory) . Regarding claims 2,5 and 13, Wang discloses the methods and the network device as explained above for Claim 1. Wang further discloses in response to transmitting capability indication information configured to indicate the user equipment supports the contention measurement gap for the inter-RAT measurement to the network device, receiving contention measurement gap configuration information from the network device, wherein the contention measurement gap configuration information is configured to perform the inter-RAT measurement (Wang Fig.2 Para[0044-46] A RRC configuration message for measurement gap configuration update per FR). Regarding claims 3 and 14, Wang discloses the methods and the network device as explained above for Claim 1. Wang further discloses wherein the inter-RAT measurement comprises at least one of: an evolved UMTS terrestrial radio access network (E-UTRAN} measurement (Wang Fig.2 Para[0069-72] The E-UTRAN measurement in case of EN-DC) , a UMTS terrestrial radio access network (UTRAN} measurement (Not given patentable weight due to non-selective option in the claim) , or a global system for mobile communication (GSM} measurement (Not given patentable weight due to non-selective option in the claim) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of YAO et al. (US 2023/0141810 Al, hereinafter referred to as “Yao”) . Regarding claim 6, Wang discloses the methods and the network device as explained above for Claim 1. Wang does not explicitly disclose in response to receiving capability indication information configured to indicate the user equipment does not support the contention measurement gap for the inter-RAT measurement from the user equipment, not transmitting contention measurement gap configuration information to the user equipment, wherein the contention measurement gap configuration information is configured to perform the inter-RAT measurement. However, Yao from the same field of invention discloses in response to receiving capability indication information configured to indicate the user equipment does not support the contention measurement gap for the inter-RAT measurement from the user equipment, not transmitting contention measurement gap configuration information to the user equipment, wherein the contention measurement gap configuration information is configured to perform the inter-RAT measurement (Yao Para[0003,0156] The LTE base station does not send gap configuration when the UE perform only inter-RAT measurements) . Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Wang to have the feature of “in response to receiving capability indication information configured to indicate the user equipment does not support the contention measurement gap for the inter-RAT measurement from the user equipment, not transmitting contention measurement gap configuration information to the user equipment, wherein the contention measurement gap configuration information is configured to perform the inter-RAT measurement” as taught by Yao . The motivation would have been to reduce performance loss of a UE ( Yao Para[0006]). Although specific columns, figures, reference numerals, lines of the reference(s), etc. have been referred to, Applicant should consider the entire applied prior art reference(s). Additional References The following prior arts are made of record and not relied upon is considered pertinent to applicant's disclosure: 1. U.S. Patent Application Publication No. 2022/0174529 to Takada Conclusion Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/defau1Vfiles/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sudesh M. Patidar whose telephone number is (571)272-2768. The examiner can normally be reached M-F:: 10AM-6:30PM ET. 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, Jeffrey Rutkowski can be reached at (571) 270-1215. 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. /Sudesh M. Patidar/Primary Examiner, Art Unit 2415 Application/Control Number: 18/704,009 Page 2 Art Unit: 2415 Application/Control Number: 18/704,009 Page 3 Art Unit: 2415 Application/Control Number: 18/704,009 Page 4 Art Unit: 2415 Application/Control Number: 18/704,009 Page 5 Art Unit: 2415 Application/Control Number: 18/704,009 Page 6 Art Unit: 2415 Application/Control Number: 18/704,009 Page 7 Art Unit: 2415 Application/Control Number: 18/704,009 Page 8 Art Unit: 2415 Application/Control Number: 18/704,009 Page 9 Art Unit: 2415
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