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 .
Claims 3-5 are pending.
Claims 1-2 have been cancelled.
Title Objection
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: METHOD PERFORMED BY USER EQUIPMENT AND BASE STATION FOR MULTI-UNIVERSAL SUBSCRIBER IDENTITY MODULE.
Claim Objections
Claims 3-6 are objected to because of the following informalities:
Claims 3-6 recite the acronym “RRC” without initially defining what it stands for.
Appropriate correction is required.
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 the second paragraph of 35 U.S.C. 112:
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 3-4 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 pre-AIA the applicant regards as the invention.
Claim 3 recites, in the preamble, “A User Equipment (UE), comprising a processor configured to”, and thus claim is a machine/device claim.
Yet, in the body of the claim recites a method “determine that (i) the UE is configured to provide multi-universal subscriber identity module (MUSIM) assistance information, and (ii) the UE has a preference for one or more MUSIM gaps or one or more current preferred MUSIM Gaps are different from one or more MUSIM Gaps indicated in last transmission of a UEAssistanceInformation message; initiate transmission of a UEAssistanceInformation message to provide one or more preferred MUSIM gaps; if the UE has the preference for the one or more MUSIM gaps, include the one or more preferred MUSIM gaps in the UEAssistanceInformation message; and receive an RRCReconfiguratin message which configures a MUSIM gap for the UE, wherein: in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap; and in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap” without any machine/device required by the machine/device claim, which create confusion when directed infringement occurs.
The claim is indefinite. See IPXL v. Amazon, 430 F.3d 1377, 1384 (Fed. Cir. 2005).
Claim 4 recites, in the preamble, “A base station, comprising a processor configured to”, and thus claim is a machine/device claim.
Yet, in the body of the claim recites a method “determine that (i) a User Equipment (UE) is configured to provide multi-universal subscriber identity module (MUSIM) assistance information, and (ii) the UE has a preference for one or more MUSIM gaps or one or more current preferred MUSIM Gaps are different from one or more MUSIM Gaps indicated in a last UEAssistanceInformation message; receive a UEAssistanceInformation message to provide one or more preferred MUSIM gaps from the UE, wherein if the UE has the preference for the one or more MUSIM gaps, the one or more preferred MUSIM gaps are included in the UEAssistanceInformation message; and transmit an RRCReconfiguratin message which configures a MUSIM gap for the UE, wherein: in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap; and in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap” without any machine/device required by the machine/device claim, which create confusion when directed infringement occurs.
The claim is indefinite. See IPXL v. Amazon, 430 F.3d 1377, 1384 (Fed. Cir. 2005).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over SHRIVASTAVA et al. (Pub. No.: US 20230403678 A1), hereinafter SHRIVASTAVA, in view of SHRIVASTAVA et al. (Pub. No.: US 20230396984 A1), hereinafter ‘984.
With respect to claim 3, SHRIVASTAVA teaches A User Equipment (UE), comprising a processor configured to ([0143], UE includes a processor):
determine that (i) the UE is configured to provide multi-universal subscriber identity module (MUSIM) assistance information ([0114], determine that the UE is configured to provide multi-universal subscriber identity module (MUSIM) assistance information).
SHRIVASTAVA does not explicitly teach the UE has a preference for one or more MUSIM gaps or one or more current preferred MUSIM Gaps are different from one or more MUSIM Gaps indicated in last transmission of a UEAssistanceInformation message; initiate transmission of a UEAssistanceInformation message to provide one or more preferred MUSIM gaps; if the UE has the preference for the one or more MUSIM gaps, include the one or more preferred MUSIM gaps in the UEAssistanceInformation message; and receive an RRCReconfiguratin message which configures a MUSIM gap for the UE, wherein: in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap; and in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap.
However, ‘984 teaches the UE has a preference for one or more MUSIM gaps or one or more current preferred MUSIM Gaps are different from one or more MUSIM Gaps indicated in last transmission of a UEAssistanceInformation message ([0152], UE has a preference for one or more MUSIM gaps different from one or more MUSIM Gaps indicated in last transmission of a UEAssistanceInformation message);
initiate transmission of a UEAssistanceInformation message to provide one or more preferred MUSIM gaps ([0152], initiate transmission of a UEAssistanceInformation message to provide preferred MUSIM gaps);
if the UE has the preference for the one or more MUSIM gaps, include the one or more preferred MUSIM gaps in the UEAssistanceInformation message ([0152], if the UE has the preference for the MUSIM gaps, include the preferred MUSIM gaps in the UE Assistance Information message); and
receive an RRCReconfiguratin message which configures a MUSIM gap for the UE ([0024], receive an RRC Reconfiguration message which configures a MUSIM gap for the UE), wherein: in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap ([0152], in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap); and in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap ([0152], in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of ‘984, the UE has a preference for one or more MUSIM gaps or one or more current preferred MUSIM Gaps are different from one or more MUSIM Gaps indicated in last transmission of a UEAssistanceInformation message; initiate transmission of a UEAssistanceInformation message to provide one or more preferred MUSIM gaps; if the UE has the preference for the one or more MUSIM gaps, include the one or more preferred MUSIM gaps in the UEAssistanceInformation message; and receive an RRCReconfiguratin message which configures a MUSIM gap for the UE, wherein: in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap; and in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap, into the teachings of SHRIVASTAVA, in order to save network resources, improve UE performance, prevent loss of data and increase reliability with coordinated gap and network switching operation (‘984, [0007]).
With respect to claim 4, SHRIVASTAVA teaches A User Equipment (UE), comprising a processor configured to ([0151], UE includes a processor):
determine that (i) the UE is configured to provide multi-universal subscriber identity module (MUSIM) assistance information ([0114], determine that the UE is configured to provide multi-universal subscriber identity module (MUSIM) assistance information).
SHRIVASTAVA does not explicitly teach the UE has a preference for one or more MUSIM gaps or one or more current preferred MUSIM Gaps are different from one or more MUSIM Gaps indicated in a last UEAssistanceInformation message; receive a UEAssistanceInformation message to provide one or more preferred MUSIM gaps from the UE, wherein if the UE has the preference for the one or more MUSIM gaps, the one or more preferred MUSIM gaps are included in the UEAssistanceInformation message; and transmit an RRCReconfiguratin message which configures a MUSIM gap for the UE, wherein: in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap; and in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap.
However, ‘984 teaches the UE has a preference for one or more MUSIM gaps or one or more current preferred MUSIM Gaps are different from one or more MUSIM Gaps indicated in last transmission of a UEAssistanceInformation message ([0152], UE has a preference for one or more MUSIM gaps different from one or more MUSIM Gaps indicated in last transmission of a UEAssistanceInformation message);
receive a UEAssistanceInformation message to provide one or more preferred MUSIM gaps from the UE ([0152], receive a UEAssistanceInformation message to provide preferred MUSIM gaps);
if the UE has the preference for the one or more MUSIM gaps, the one or more preferred MUSIM gaps are included in the UEAssistanceInformation message ([0152], if the UE has the preference for the one or more MUSIM gaps, include the preferred MUSIM gaps in the UE Assistance Information message); and
transmit an RRCReconfiguratin message which configures a MUSIM gap for the UE ([0024], transmit an RRC Reconfiguration message which configures a MUSIM gap for the UE),
wherein: in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap ([0152], in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap); and
in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap ([0152], in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of ‘984, the UE has a preference for one or more MUSIM gaps or one or more current preferred MUSIM Gaps are different from one or more MUSIM Gaps indicated in a last UEAssistanceInformation message; receive a UEAssistanceInformation message to provide one or more preferred MUSIM gaps from the UE, wherein if the UE has the preference for the one or more MUSIM gaps, the one or more preferred MUSIM gaps are included in the UEAssistanceInformation message; and transmit an RRCReconfiguratin message which configures a MUSIM gap for the UE, wherein: in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap; and in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap, into the teachings of SHRIVASTAVA, in order to save network resources, improve UE performance, prevent loss of data and increase reliability with coordinated gap and network switching operation (‘984, [0007]).
With respect to claim 5, SHRIVASTAVA teaches A method performed by a User Equipment (UE), the method comprising ([0143], UE includes a processor):
determine that (i) the UE is configured to provide multi-universal subscriber identity module (MUSIM) assistance information ([0114], determine that the UE is configured to provide multi-universal subscriber identity module (MUSIM) assistance information).
SHRIVASTAVA does not explicitly teach the UE has a preference for one or more MUSIM gaps or one or more current preferred MUSIM Gaps are different from one or more MUSIM Gaps indicated in last transmission of a UEAssistanceInformation message; initiate transmission of a UEAssistanceInformation message to provide one or more preferred MUSIM gaps; if the UE has the preference for the one or more MUSIM gaps, include the one or more preferred MUSIM gaps in the UEAssistanceInformation message; and receive an RRCReconfiguratin message which configures a MUSIM gap for the UE, wherein: in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap; and in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap.
However, ‘984 teaches the UE has a preference for one or more MUSIM gaps or one or more current preferred MUSIM Gaps are different from one or more MUSIM Gaps indicated in last transmission of a UEAssistanceInformation message ([0152], UE has a preference for one or more MUSIM gaps different from one or more MUSIM Gaps indicated in last transmission of a UEAssistanceInformation message);
initiate transmission of a UEAssistanceInformation message to provide one or more preferred MUSIM gaps ([0152], initiate transmission of a UEAssistanceInformation message to provide preferred MUSIM gaps);
if the UE has the preference for the one or more MUSIM gaps, include the one or more preferred MUSIM gaps in the UEAssistanceInformation message ([0152], if the UE has the preference for the MUSIM gaps, include the preferred MUSIM gaps in the UE Assistance Information message); and
receive an RRCReconfiguratin message which configures a MUSIM gap for the UE ([0024], receive an RRC Reconfiguration message which configures a MUSIM gap for the UE), wherein: in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap ([0152], in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap); and in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap ([0152], in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of ‘984, the UE has a preference for one or more MUSIM gaps or one or more current preferred MUSIM Gaps are different from one or more MUSIM Gaps indicated in last transmission of a UEAssistanceInformation message; initiate transmission of a UEAssistanceInformation message to provide one or more preferred MUSIM gaps; if the UE has the preference for the one or more MUSIM gaps, include the one or more preferred MUSIM gaps in the UEAssistanceInformation message; and receive an RRCReconfiguratin message which configures a MUSIM gap for the UE, wherein: in a case that the MUSIM gap is a periodic MUSIM gap, an identity is configured for the MUSIM gap; and in a case that the MUSIM gap is an aperiodic MUSIM gap, the identity is not configured for the MUSIM gap, into the teachings of SHRIVASTAVA, in order to save network resources, improve UE performance, prevent loss of data and increase reliability with coordinated gap and network switching operation (‘984, [0007]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pub. No.: US 20230379877 A1; “KUMAR”, ([0059])
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/KIET TANG/
Primary Examiner, Art Unit 2469
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