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 .
Claim Rejections - 35 USC § 103
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.
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.
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.
Claim(s) 1-5, 7-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al (US 20240098539) in view of Huang et al (US 20240251268) hereinafter ‘Zhang’.
As o claim 1 and 9 Huang discloses an apparatus of a user equipment (UE)( Huang , Fig. 3, ¶0097) and a method; the apparatus comprising: one or more processors, coupled to a memory (Huang ¶0099), configured to: decode, from signaling received from a next generation node B (gNB), an indication to enable one of Need For Gaps (NFG) or Network Configured Small Gap (NCSG) gapless measuring of a target synchronization signal block (SSB) (Huang ¶0022- 2nd sentence- the UE may decode signaling received from a generation node B (gNB) to configure the UE with a Network Controlled Small Gap (NCSG). The signaling may include parameters for the NCSG; 502 of Fig. 5, ¶0105, - 2nd sentence and last sentences- In operation 502, the UE may receive configuration information that includes an indication of a measurement gap for a secondary cell (SCell) measurement…. In operation 504, the UE may perform the SCell measurement based on the configuration information.¶0107- wherein these measurement can be intra-frequency SSB based measurement after BWP switching- in other words a target frequency or SSB-see ¶0014.).
Huang however is silent in enabling a NFG or NCSG gapless measuring based on the indication from the gNB for Radio Resource Management (RRM) measurements of the target SSB; and perform the RRM measurements of the target SSB using the NFG or NCSG gapless measuring as indicated by the gNB- a gapless measuring of the target SSB interpreted as ‘no measurement gap’ being used for the measurements of the target SSB. However in an analogous art Zhang remedies this deficiency: Zhang Fig. 3A, ¶0050- 1st sentence- a user equipment (UE) .., may perform Synchronization Signal Block (SSB) based Radio Resource Management (RRM) measurements with…without measurement gaps 314; 4th sentence-the UE may deactivate the pre-configured measurement gap and perform the SSB based RRM measurements 314 without measurement gaps when the network signaling 306 that triggered a pre-configured measurement gap status change deactivated the pre-configured measurement gap 311 Zhang ¶0058- 1st sentence). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify the teachings of Huang with that of Zhang for the purpose of determining a gapless- measurement mode to be used on network signaling.
As to claims 3 and 11 the combined teachings of Huang and Zhang disclose the apparatus and method of claims 1 and 9 respectively, wherein the gapless measuring of a target SSB is performed using an NFG configuration (Huang ¶0019- for the joint concurrent measurement gap patterns including the NCSG, the gNB may encode a NeedForGapsConfigNR information element (IE) for transmission to the UE. In these embodiments, the NeedForGapsConfigNR IE may indicate one or more target NR frequency bands and to request the UE to report measurement gap (MG) requirement information or the one or more target NR frequency bands).
As to claims 4 and 12 the combined teachings of Huang and Zhang disclose the apparatus and method of claims 1 and 9 respectively, wherein the gapless measuring of a target SSB is performed using an NCSG configuration (Huang ¶0020- the gNB may encode signaling for transmission to the UE to pre-configure the UE with the NCSG prior to a switch of an activated BWP by the UE. In some embodiments, the gNB may encode further signaling for transmission to the UE to configure the UE with the NCSG for intra-frequency SSB based measurements after the switch of the activated BWP).
As to claims 5 and 13 the combined teachings of Huang and Zhang disclose the apparatus and method of claims 1 and 9 respectively, wherein the one or more processors are further configured to enable an NFG configuration based on the indication (Huang ¶0019- for the joint concurrent measurement gap patterns including the NCSG, the gNB may encode a NeedForGapsConfigNR information element (IE) for transmission to the UE. In these embodiments, the NeedForGapsConfigNR IE may indicate one or more target NR frequency bands and to request the UE to report measurement gap (MG) requirement information or the one or more target NR frequency bands).
As to claims 7 and 15 the combined teachings of Huang and Zhang disclose apparatus and method of claims 1 and 9 respectively, wherein the one or more processors are further configured to enable an NCSG configuration based on the indication (Huang ¶0019- last sentence).
As to claim 8 the combined teachings of Huang and Zhang disclose the apparatus of claim 1, wherein the indication includes a measurement gap parameter value for the target SSB (Huang ¶01107- Example A2 … wherein these measurement can be intra-frequency SSB based measurement after BWP switching.).
Claim(s) 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view Zhang and further in view of Zheng et al ((US 20220286887).
As to claims 2 and 10 the combined teachings of Huang and Zhang disclose the apparatus and method of claims 1 and 9 respectively, however silent wherein the one or more processors are further configured to: decode, from signaling received from the gNB, an inquiry indication regarding support of the UE for gapless measurement support; and encode, for transmission to the gNB, a capability of the UE to perform gapless measuring. However in an analogous art Zheng remedies this deficiency: (Zheng, S102B ofFig.2b, ¶0176- a first message may be an RRCConnetionNogapCapbilitEnquiry message, and includes measurement objectives corresponding to various CA combinations or dual connectivity (Dual Connectivity, DC) combinations.; S103B of Fig 2b, ¶0177- when receiving the RRCConnetionNogapCapbilitEnquiry message, the UE 201 separately determines, based on a sequence of the measurement objectives carried in the message, whether gap measurement is required). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify the combined teachings of Huang and Zhang with that of Zheng for the purpose of determining a gapless- measurement mode to be used on network signaling.
Claim(s) 58-62 are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view Zheng and further in view of Zhang.
As to claim 58 Huang discloses an apparatus of a user equipment (UE)( Huang , Fig. 3, ¶0097)), the apparatus comprising: one or more processors, coupled to a memory (Huang ¶0099), configured to: decode, from signaling received from a next generation node B (gNB), encode, for transmission to the gNB, a capability of the UE; decode, from signaling received from the gNB, an indication to enable one of Need For Gaps (NFG) or Network Configured Small Gap (NCSG) gapless measuring of a target synchronization signal block (SSB) (Huang ¶0022- 2nd sentence- the UE may decode signaling received from a generation node B (gNB) to configure the UE with a Network Controlled Small Gap (NCSG). The signaling may include parameters for the NCSG; 502 of Fig. 5, ¶0105, - 2nd sentence and last sentences- In operation 502, the UE may receive configuration information that includes an indication of a measurement gap for a secondary cell (SCell) measurement…. In operation 504, the UE may perform the SCell measurement based on the configuration information.¶0107- wherein these measurement can be intra-frequency SSB based measurement after BWP switching- in other words a target frequency or SSB-see ¶0014.);
Huang however is silent where the signal received is an inquiry indication regarding support of the UE for gapless measurement support; and encoding a capability of the UE to perform gapless measuring; However in an analogous art Zheng remedies this deficiency: (Zheng, s102B ofFig.2b, ¶0176- a first message may be an RRCConnetionNogapCapbilitEnquiry message, and includes measurement objectives corresponding to various CA combinations or dual connectivity (Dual Connectivity, DC) combinations.; s103B of Fig 2b, ¶0177- when receiving the RRCConnetionNogapCapbilitEnquiry message, the UE 201 separately determines, based on a sequence of the measurement objectives carried in the message, whether gap measurement is required). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify the teachings of Huang with that of Zheng for the purpose of determining a gapless- measurement mod to be used on network signaling.
Huang and Zheng combined however are silent in enabling the NFG or NCSG gapless measuring based on the indication from the gNB for Radio Resource Management (RRM) measurements of the target SSB; and perform the RRM measurements of the target SSB using the NFG or NCSG gapless measuring as indicated by the gNB a gapless measuring of the target SSB interpreted as ‘no measurement gap’ being used for the measurements of the target SSB. However in an analogous art Zhang remedies this deficiency: (Zhang Fig. 3A, ¶0050- 1st sentence- a user equipment (UE) .., may perform Synchronization Signal Block (SSB) based Radio Resource Management (RRM) measurements with…without measurement gaps 314; 4th sentence-the UE may deactivate the pre-configured measurement gap and perform the SSB based RRM measurements 314 without measurement gaps when the network signaling 306 that triggered a pre-configured measurement gap status change deactivated the pre-configured measurement gap 311 Zhang ¶0058- 1st sentence ¶0080-1st – 2nd sentences- Whether a measurement is non-gap-assisted depends on the capability of the UE, the active BWP of the UE and the current operating frequency. For SSB based inter-frequency measurement, if the measurement gap requirement information is reported by the UE, a measurement gap configuration may be provided according to the information ). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify the teachings of Huang with that of Zhang for the purpose of determining a gapless- measurement mod to be used on network signaling.
As to claim 59 the combined teachings of Huang, Zheng and Zhang disclose the apparatus of claim 58, wherein the gapless measuring of a target SSB is performed using an NFG configuration (Huang ¶0019- for the joint concurrent measurement gap patterns including the NCSG, the gNB may encode a NeedForGapsConfigNR information element (IE) for transmission to the UE. In these embodiments, the NeedForGapsConfigNR IE may indicate one or more target NR frequency bands and to request the UE to report measurement gap (MG) requirement information or the one or more target NR frequency bands).
As to claim 60 the combined teachings of Huang, Zheng and Zhang disclose the apparatus of claim 58, wherein the gapless measuring of a target SSB is performed using an NCSG configuration(Huang ¶0020- the gNB may encode signaling for transmission to the UE to pre-configure the UE with the NCSG prior to a switch of an activated BWP by the UE. In some embodiments, the gNB may encode further signaling for transmission to the UE to configure the UE with the NCSG for intra-frequency SSB based measurements after the switch of the activated BWP).
As to claim 61 the combined teachings of Huang, Zheng and Zhang disclose the apparatus of claim 58, wherein the one or more processors are further configured to enable an NFG configuration based on the indication(Huang ¶0019- for the joint concurrent measurement gap patterns including the NCSG, the gNB may encode a NeedForGapsConfigNR information element (IE) for transmission to the UE. In these embodiments, the NeedForGapsConfigNR IE may indicate one or more target NR frequency bands and to request the UE to report measurement gap (MG) requirement information or the one or more target NR frequency bands.).
As to claim 62 the combined teachings of Huang, Zheng and Zhang disclose the apparatus of claim 58, wherein the one or more processors are further configured to enable an NCSG configuration based on the indication(Huang ¶0019- last sentence).
Allowable Subject Matter
Claims 6 and 14 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 any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tang et al- Methods and Devices for Performing Measurements in a New Radio Network-US 20240373305, ¶0260.
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/DERRICK V ROSE/Primary Examiner, Art Unit 2462
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