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 .
Priority
Acknowledgment is made of Applicant's claim for priority based on an U.S. Provisional Patent Application Ser. No. 63/330,337 filed on April 13, 2022.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 08/06/2024 has been placed in record and considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-4, 10-13 and 19 are rejected on the ground of provisional nonstatutory double patenting as being unpatentable over claims 1-3, 6-8 and 11-13 of co-pending Application US 18/728,624.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the claimed limitations are similar in scope with obvious wording variations.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claims 1, 7, 10, 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Xie et al. (WO 2021159291 A1, of IDS, hereinafter 'XIE') in view of Cheng et al. (US 20190059093 A1, hereinafter ‘CHENG’).
Regarding claim 1, XIE teaches a method, comprising:
determining, a traffic type (
Figure 1, Network 100 includes BSs 110 communicating with UEs 120,
See [0072].
Figure 2 BS 110 with Control Processor 240.
[0016] the method may include adjusting the gap periodic interval based on a traffic type of communication on the first connection ….
[0017] the method may include setting the gap periodic interval to the measurement gap repetition period (MGRP) when the first connection is being used for voice traffic.
See also Figure 6 Blocks 610-630.);
determining, by the processor, a measurement gap repetition period or a measurement gap length for the traffic type according to at least one condition (
[0032] the measurement gap configuration indicates a pattern of recurring measurement gap time periods
Figure 5A, [0114] Figure 5A shows a timing diagram conceptually illustrating an example of a measurement gap configuration for a first radio connection. The timing diagram 500 shows an example timing 512 of communications and measurement gaps on a first connection. A measurement gap configuration may define recurring measurement gap time periods 502a, 502b, 502c, and 502d. The period between each measurement gap time periods may be referred to as an MGRP 508. A duration of the measurement gap time periods is a measurement gap length 506. The measurement gap configuration may include a gap pattern that is defined by a technical specification. For example, the first base station (eNB) may transmit a signal, such as a radio resource control (RRC) signal, that includes an indication of a measurement gap pattern (such as a measurement gap pattern identifier) to the UE.) .); and
transmitting, by the processor, a measurement gap configuration with the measurement gap repetition period or with the measurement gap length to a user equipment (UE) (
Figure 6, Block 630, [0111] At block 630, the apparatus may receive a measurement gap configuration that indicates measurement gap time periods for the UE to perform a measurement procedure that includes temporarily suspending communication via the first connection and obtaining measurements of potential alternative base stations for the first connection. For example, the measurement gap configuration may be included in an RRC or another configuration message for an LTE connection with eNB.
Figure 9, [0130] Figure 9 shows a conceptual diagram of an example configuration message 900 and example configuration information related to managing measurement gap behavior. For example, a base station (such as the eNB or gNB) may transmit the example configuration message 900 to a UE. ).
XIE does not explicitly disclose determining, by a processor of a network node, a traffic type,
determining, by the processor, a measurement gap repetition period or a measurement gap length for the traffic type according to at least one condition.
In an analogous art, CHENG teaches determining, by a processor of a network node (
Fig. 9, [0084] As shown in FIG. 9, a base station (e.g., a BS1) may communicate with one or more UEs (e.g., a UE1)..
Fig. 18 Node 1800,
[0151] in FIG. 18, a node 1800 may include a transceiver 1820, a processor 1826, a memory 1828,….. the node 1800 may be a UE or a base station that performs various functions described herein, for example, with reference to FIGS. 1 through 17),
a traffic type (
[0075] the measurement gap length configured by the base station for a URLLC service may be shorter than the measurement gap length for an eMBB service.),
determining, by the processor, a measurement gap repetition period or a measurement gap length for the traffic type according to at least one condition (
See [0075]
Fig. 8 Measurement Gap Repetition Period,
[0081] As shown in FIG. 8, in a measurement gap repetition period 820A, because the UE follows the order of the measurement object configurations listed in the measurement configuration, the base station knows that the UE performs measurements in a measurement object 2 in a measurement gap period 804A.
See also Fig. 10, Action 1004,
[0087] BS1 configures measurement object configurations, for example, containing frequency information of inter-carrier frequency band(s) and/or intra-carrier BWP(s) in a measurement configuration to the UE1 through higher layer signaling (e.g., RRC signaling). The measurement configuration also includes a measurement gap configuration which contains a measurement gap length (MGL) and a measurement gap repetition period (MGRP), as illustrated in FIG. 6).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to take the technique of configuring measurement gap based on traffic type consideration of CHENG to the system of measurement gap behavior in a user equipment of XIE in order to take the advantage of providing a method for ensuring the requirement of URLLC data is fulfilled during the measurement gap period (CHENG: [0075]).
Regarding claim 10, XIE teaches a network node (
Figure 1, Network 100 includes BSs 110 communicating with UEs 120,
See [0072].
), comprising:
a transceiver which, during operation, wirelessly communicates with a user equipment (UE) and a processor communicatively coupled to the transceiver such that, during operation, the processor performs operations (
Figure 2 Base Station 110 with antennas 234, Transmit Processor 220, Controller Processor 240,
[0085] Figure 2 is a block diagram conceptually illustrating an example 200 of a base station 110 in communication with a UE 120….. Base station 110 may be equipped with T antennas 234a through 234t ….
[0086] Transmit Processor 220
[0089] The controller/processor 240 of base station 110 …. may perform one or more techniques associated with managing measurement gap behavior of the first connection).
Further claim 10 is interpreted mutatis mutandis of claim 1, and rejected for the same reason as set forth for claim 1.
Regarding claim 19, the claim is interpreted mutatis mutandis of claim 1, and rejected for the same reason as set forth for claim 1.
Regarding claim 7, XIE, in view of CHENG, teaches the method of Claim 1.
XIE does not explicitly disclose wherein the at least one condition comprises a video frame rate.
CHENG teaches wherein the determining of the measurement gap length
comprises:
determining, by the processor, the measurement gap length according to a specific period length,
wherein the measurement gap length is smaller than the specific period length (
[0075] It is noted the measurement gap length configured by the base station for a URLLC service may be shorter than the measurement gap length for an eMBB service to ensure that the UE can fulfill the requirement of URLLC with DL data without grant during the measurement gap period.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to take the technique of configuring measurement gap based on traffic type consideration of CHENG to the system of measurement gap behavior in a user equipment of XIE in order to take the advantage of providing a method for ensuring the requirement of URLLC data is fulfilled during the measurement gap period (CHENG: [0075]).
Regarding claim 16, the claim is interpreted and rejected for the same reason as set forth for claim 7.
Claims 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Xie et al. (WO 2021159291 A1, of IDS, hereinafter 'XIE') in view of Cheng et al. (US 20190059093 A1, hereinafter ‘CHENG’) and with further in view of Kazmi et al. (US 20240114367 A1, hereinafter ‘KAZMI’).
Regarding claim 2, XIE, in view of CHENG, teaches the method of Claim 1.
XIE and CHENG do not explicitly disclose wherein the at least one condition comprises a video frame rate.
In an analogous art, KAZMI teaches wherein the at least one condition comprises a video frame rate (
[0090] XR applications typically require high data rates. This is due to both high frame refresh rates and large video frame sizes that may range from tens to hundreds of kilobytes (kB). As a concrete example, a frame size of 100 kB and a frame refresh rate of 120 Hz can lead to a data rate requirement of 95.8 Mb/s.
[0091] Large video frames are usually fragmented into smaller Internet Protocol (IP) packets and transmitted as several transport blocks (TBs) over several TTIs in RAN. FIG. 6 shows exemplary cumulative distribution functions (CDFs) for the number of transport blocks (TBs) on the NR PHY required to deliver a video frame of size ranging from 20 to 300 kB. For example, FIG. 6 shows that for video frames of size 200 kB, the median number of TBs is 5 …
[0174] block 1110, where the network node can send, to the UE, one or more measurement configurations that include values, of at least one parameter, that are associated with a plurality of different traffic types.
[0185] the network node can determine the traffic type to be a first traffic type (e.g., eMBB) when the one or more calculated metrics are in a first range of values. In sub-block 1152, the network node can determine the traffic type to be a second traffic type (e.g., XR) when the one or more calculated metrics are in a second range of values
[0186] In some of these embodiments, the calculated metrics can include any of the following: data rate metrics, traffic pattern metrics, and quality-of-service (QoS) metrics. In some embodiments, the traffic pattern metrics can include one or more statistics for any of the following over a previous duration: [0187] number of data packets communicated; [0188] inter-arrival time of data packets communicated;…
(It is obvious that that data rate metric correspond to data packets rates carrying XR video frames)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to take the technique of configuring measurement gap based on traffic type requiring guaranteed low latency of KAZMI to the system of measurement gap behavior in a user equipment of XIE and CHENG in order to take the advantage of providing a method for supporting mobility of wireless devices that use XR and cloud gaming applications (KAZMI: [0001]).
Regarding claim 11, the claim is interpreted and rejected for the same reason as set forth for claim 2.
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Xie et al. (WO 2021159291 A1, of IDS, hereinafter 'XIE') in view of Cheng et al. (US 20190059093 A1, hereinafter ‘CHENG’) and with further in view of Li et al. (US 20250227528 A1 with priority of us-provisional-application US 63271066, hereinafter ‘LI’).
Regarding claim 5, XIE, in view of CHENG, teaches the method of Claim 1.
XIE and CHENG do not explicitly disclose wherein the at least one condition comprises a discontinuous reception (DRX) cycle.
In an analogous art, LI teaches wherein the at least one condition comprises a discontinuous reception (DRX) cycle (
[0124] The measurement delay requirement for each measurement cell per frequency layer may be expressed by a general function as follows:
Tmeas=f1(Ksharing,SMTC period,DRX cycle)
where Kscaling is a scaling/sharing factor or a set or sets of a scaling/sharing factor. The SMTC period is the SS/PBCH Block Measurement Timing Configuration and the DRX cycle is the discontinuous reception cycle. The SMTC period and DRX cycle usually define the measurement gap length.
[0125] If Kscaling=M, UE shall perform measurements in the MG per f2(M) occasions/periodicity based on SMTC period, DRX cycle, where f2 is formula involving M to calculate the exact number.).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to take the technique of configuring measurement gap based on DRX of LI to the system of measurement gap behavior in a user equipment of XIE and CHENG in order to take the advantage of providing a method for improving the performance of measurements by a UE (LI: [0266]).
Regarding claim 14, the claim is interpreted and rejected for the same reason as set forth for claim 5.
Claims 8-9, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Xie et al. (WO 2021159291 A1, of IDS, hereinafter 'XIE') in view of Cheng et al. (US 20190059093 A1, hereinafter ‘CHENG’) in view of Koskinen et al. (US 20240098538 A1 with priority of PCT/US2022/014191, hereinafter ‘KOSKINEN’) and with further in view of Shrivastava et al. (US 20240196195 A1 with priority of PCT/KR2022/004467, hereinafter ‘SHRIVASTAVA’)
Regarding claim 5, XIE, in view of CHENG, teaches the method of Claim 1.
XIE and CHENG do not explicitly disclose receiving, by the processor, a measurement gap adaption information from the UE through a physical uplink control channel (PUCCH), a physical uplink shared channel (PUSCH), or a medium access control-control element (MAC-CE); and
determining, by the processor, the measurement gap repetition period or the measurement gap length according to the measurement gap adaption information.
In an analogous art, KOSKINEN teaches receiving, by the processor, a measurement gap adaption information from the UE through a physical uplink control channel (PUCCH), a physical uplink shared channel (PUSCH), or a medium access control-control element (MAC-CE) (
[0083] The measurement gap configuration is described in 3GPP TS 38.331 in Section 5.5.2.9. See, e.g., 3GPP TS 38.331 V15.12.0 (2020-12). In short, a UE is provided, by a MeasGapConfig IE, with a gapFR1 and/or a gapFR2 and/or gapUE, to set up GapConfig. The IE GapConfig provides the gapOffset to determine the timing location (offset), period and length of the measurement gap.
[0134] the UE adapts the provided measurement gap configuration based on the applied measurement activity.
[0140] the UE reports its preferred measurement gap configuration, e.g., based on the amount of non-serving cell measurements, using a UE assistance information procedure, including one or more of the following: gap for FR1/FR2, UE specific gap which applies to all frequencies, gap offset, gap length, gap repetition period, gap timing advance.
[0141] In one embodiment, the measurement gaps occurring during drx-onDurationTimer or in general during Active Time are suppressed, based on the relaxed RRM measurement criterion. In some examples, the NW can deduce the measurement gaps the UE suppressed, based on the UE reporting of the UE reports.
[0143] In further detail, in one possible implementation of the proposed embodiments, the UE provides an RRC message to the network indicating what is the applied measurement configuration e.g., by indicating the applied measurement gap configuration index, or whether reduction on the available measurement gap occasions is applied (or not).); and
determining, by the processor, the measurement gap repetition period or the measurement gap length according to the measurement gap adaption information (
See [0083] measurement gap configuration …. the timing location (offset), period and length of the measurement gap…
[0146] In one possible implementation of the proposed embodiments, to determine which measurement gap occasions are assumed to be available for measurement or are blocked, the UE 110 is provided with a bitmap that determines those measurement gaps that are assumed to be active/usable for measurements within a certain period. This could be provided in block 430 as a measurement gap pattern configuration or possibly in blocks 507 or 530. For example, the UE is provided with a bitmap/field length of M, which is applied for M consecutive measurement gap occasions (and repeated for every M measurement gap periods).).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to take the technique of reporting measurement gap adaptation by UE of KOSKINEN to the system of measurement gap behavior in a user equipment of XIE and CHENG in order to take the advantage of providing a method for improved (e.g., optimized) UL/DL scheduling based on the knowledge of the UE measurement activity (KOSKINEN: [0282]).
XIE, CHENG and KOSKINEN do not explicitly disclose receiving measurement gap adaption information from the UE through a physical uplink control channel (PUCCH), a physical uplink shared channel (PUSCH), or a medium access control-control element (MAC-CE).
In an analogous art, SHRIVASTAVA teaches receiving measurement gap adaption information from the UE through a physical uplink control channel (PUCCH), a physical uplink shared channel (PUSCH), or a medium access control-control element (MAC-CE) (
[0060] b) Specify in the standards a gap duration threshold value (or a range of gap duration values) based on which the MUSIM UE (100) shall perform short-time switching gap operation and/or long-time switching gap operation (e.g., actual MUSIM gap duration<gap duration threshold value: MUSIM UE (100) performs short-time switching gap operation; otherwise, the MUSIM UE (100) performs long-time switching gap operation). In an example, at least the following Measurement Gap Length (MGL)/Measurement Gap Repetition Period (MGRP) values are applicable for MUSIM periodic gap ……
[0076] The proposed method introduces a field in control signalling or switching notification (e.g., a field “GapType”) through which the MUSIM UE (100) requests to the network whether it shall perform short-time switching gap operation or long-time switching gap operation. Options for providing the indication in control signalling or switching notification include the following: [0077] a) RRC signalling (e.g., UE assistance information carrying MUSIM-assistance), [0078] b) MAC signalling (e.g., MAC control element, MAC CE).
[0114] In an embodiment, it is proposed that when the MUSIM UE (100) does not prefer any switching gap or UE prefers only short-time switching gap (i.e. without leaving RRC_CONENCTED state on the first network apparatus (200a)) when it is engaged in certain service on the first network apparatus (200a) (e.g., low or high priority unicast and/or MBS multicast/broadcast services), accordingly, the MUSIM UE (100) indicates to network apparatus to release/deactivate switching gap or provide switching gap. This can be signalled or requested to the network by utilising RRC signalling (e.g., UE assistance information message, MAC signalling (e.g., MAC Control Element) and/or NAS signalling. The MUSIM UE (100) may indicate the preferred switching gap (e.g., short-time switching gap, no switching gap). The MUSIM UE (100) may also request for overriding previous configuration e.g., replace previous configuration short-time switching gap configuration by no switching gap and so on. …… In an embodiment, these actions may be a request to the network and network can choose to apply or not. ….. Each MUSIM gap configured by the first network apparatus (200a) is associated with an index, the MUSIM UE (100) can indicate which MUSIM gap should be released by including the corresponding MUSIM gap index into UEAssistanceInformation Message.
See also Fig. 8, [0236] FIG. 8 is a flow chart (S808) illustrating a method for link management for the MUSIM UE (100) performing coordinated gaps based on intermittent Rx operation and measurements and the CSI evaluation during the switching gap in accordance with resources as configured by the first network apparatus …).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to take the technique of reporting preferred switching gap associated with measurement gap by UE of SHRIVASTAVA to the system of measurement gap behavior in a user equipment of XIE, CHENG and KOSKINEN in order to take the advantage of providing a method for efficient communication in a wireless communication system (SHRIVASTAVA: [0010, 0114]).
Regarding claim 9, XIE, in view of CHENG, KOSKINEN and SHRIVASTAVA, teaches the method of Claim 8.
XIE and CHENG do not explicitly disclose wherein the measurement gap adaption information is used to suggest activating or deactivating one or more measurement gaps.
KOSKINEN teaches wherein the measurement gap adaption information is used to suggest activating or deactivating one or more measurement gaps (
[0146] determine which measurement gap occasions are assumed to be available for measurement or are blocked.
See also SHRIVASTAVA [0114] deactivate switching gap or provide switching gap).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to take the technique of reporting measurement gap adaptation by UE of KOSKINEN to the system of measurement gap behavior in a user equipment of XIE, CHENG and SHRIVASTAVA in order to take the advantage of providing a method for improved (e.g., optimized) UL/DL scheduling based on the knowledge of the UE measurement activity (KOSKINEN: [0282]).
Regarding claim 17, the claim is interpreted and rejected for the same reason as set forth for claim 8.
Regarding claim 20, the claim is interpreted and rejected for the same reason as set forth for claim 8.
Allowable Subject Matter
Claims 3-4, 6, 12-13 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and in intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, XIE, CHENG, KAZMI, LI, KOSKINEN, SHRIVASTAVA or any prior art of record either alone or in combination fails to teach the method of Claim 2, wherein the determining of the measurement gap repetition period comprises:
determining, by the processor, the measurement gap repetition period according to an integer multiple of a reciprocal of the video frame rate.
Regarding claim 4, XIE, CHENG, KAZMI, LI, KOSKINEN, SHRIVASTAVA or any prior art of record either alone or in combination fails to teach the method of Claim 2, wherein the determining of the measurement gap repetition period comprises:
determining, by the processor, an aggregated period according to an integer multiple of a reciprocal of the video frame rate,
wherein the aggregated period comprises a plurality of measurement gap repetition periods, and wherein each measurement gap repetition period of the aggregated period is the same or different.
Regarding claim 6, XIE, CHENG, KAZMI, LI, KOSKINEN, SHRIVASTAVA or any prior art of record either alone or in combination fails to teach the method of Claim 5, wherein the determining of the measurement gap repetition period comprises:
determining, by the processor, the measurement gap repetition period according to the DRX cycle,
wherein the measurement gap repetition period and the DRX cycle have an integer multiple relationship.
Regarding claim 12, the claim having feature similar to claim 3 is interpreted same as claim 3.
Regarding claim 13, the claim having feature similar to claim 4 is interpreted same as claim 4.
Regarding claim 15, the claim having feature similar to claim 6 is interpreted same as claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Siomina et al. (US 20240172029 A1), describing Transitioning Between Pre-Configured Measurement Gap Patterns And Normal Measurement Gap Patterns
Hong; Wei (US 20240163696 A1), describing MEASUREMENT GAP PRE-CONFIGURATION PROCESSING METHOD AND APPARATUS, COMMUNICATION DEVICE AND STORAGE MEDIUM
Kazmi et al. (US 20240098540 A1), describing activation/deactivation of preconfigured measurement gaps
Bao et al. (US 20230318781 A1), describing DYNAMIC MEASUREMENT GAP CONTROL
Xie et al. (US 20230156543 A1), describing inter-rat measurement gap configuration
Kanamarlapudi et al. (US 20240163696 A1), describing MEASUREMENT GAP AND SCHEDULING
Hu et al. (US 20220104059 A1), describing MEASUREMENT GAP DETERMINING METHOD AND APPARATUS, AND TERMINAL
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAH M RAHMAN whose telephone number is (571)272-8951. The examiner can normally be reached 9:30AM-5:30PM PST.
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/SHAH M RAHMAN/Primary Examiner, Art Unit 2413
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