DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
2. Claims 47 and 52 are objected to because of the following informalities:
Regarding claims 47 and 52, the phrase "adapted to" is not positively claimed limitation. Therefore, the limitations after the phrase "adapted to" are not considered the claimed limitation. It is suggested to remove the phrase "adapted to" (MPEP 2111.04).
Appropriate correction is required.
Claim Rejections - 35 USC § 102
3. 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.
4. 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 –(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.
5. Claims 33-52 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Da Silva et al. (US 2024/0040461 A1, hereinafter “Da Silva”).
Regarding claims 33 and 47. Da Silva teaches a method, comprising:
receiving, by a wireless device (figs. 23a and 23b) from a network, a measurement configuration including (i) a measurement object, (ii) a reporting condition, and (iii) information on a prediction time (¶ [0244], The prediction configuration may comprise that the prediction is to be performed using at least one of: a prediction identifier, a reporting configuration identifier associated to a reporting configuration and an object identifier associated to an object configuration. ¶ [0237], ¶ [0240], ¶ [0241], ¶ [0245]-¶ [0246], ¶ [0301], ¶ [0302], At a time instant, e.g. t0, the UE 401 may predict RSRP or any other quantity for a given time window, which may be pre-defined in the standard, hard coded, or configured by the network, for the serving cell, e.g. the time window may be longer than the configured time to trigger. ¶ [0303], the value of t1 or associated values such as t1-t0 interval may also be configured. ¶ [0269], a configured field timeToTrigger. ¶ [0217], at time t0 the UE 401 performs for a given frequency and a number of neighbour cells, predictions of the RSRP values of that SpCell in one or multiple time instants such as t0+T, t0+2*T, t0+3*T, . . . , t0+K*T. T, K and the interval between predictions may be configured by the network node 403); deriving, by the wireless device, at least one predictive measurement result for the measurement object based on the prediction time (figs. 7-18, ¶ [0301], ¶ [0302], at t0, the predictions show that at t1 the entry condition would start to get fulfilled and would remain fulfilled for all measurements after TTT i.e. all predictions of RSRP for the serving cell between t1 and t1+TTT fulfil the entry condition. Hence, at t0 the UE 401 may consider the entry condition for the event as fulfilled. The time value t1 may be comprised in the message associated to that event, e.g. if configured, to indicate to the network node 403 when the event starts to be fulfilled according to the prediction, indicating to the network node 403 how critical it is to take a counter actions from the network node side based on that message); and transmitting, by the wireless device, at least one predictive measurement result based on determining the at least one predictive measurement result satisfying the reporting condition (figs. 5, 19-21, ¶ [0266], Evaluating Reporting Criteria According to a Condition Whose Input is Based on Predictions of Mobility Information¶ [0267], the UE 401 determines in step 504 whether one or multiple conditions are fulfilled or not for one or multiple cells. ¶ [0268], 0182 [0272], ¶ [0275] The UE 401 may initiate a transmission of a message in step 505, e.g. a measurement reporting procedure or a new prediction report procedure, to transmit e.g. the predicted mobility information, current mobility information etc.).
Regarding claim 52, Da Silva teaches a base station comprising: a transceiver; a memory; and a processor operatively coupled to the transceiver and the memory (figs. 24a and 24b), and adapted to: provide, to a wireless device, a measurement configuration including (i) a measurement object, (ii) a reporting condition, and (iii) information on a prediction time (¶ [0244], The prediction configuration may comprise that the prediction is to be performed using at least one of: a prediction identifier, a reporting configuration identifier associated to a reporting configuration and an object identifier associated to an object configuration. ¶ [0237], ¶ [0240], ¶ [0241], ¶ [0245]-¶ [0246], ¶ [0301], ¶ [0302], [0302] At a time instant, e.g. t0, the UE 401 may predict RSRP or any other quantity for a given time window, which may be pre-defined in the standard, hard coded, or configured by the network, for the serving cell, e.g. the time window may be longer than the configured time to trigger. ¶ [0303], the value of t1 or associated values such as t1-t0 interval may also be configured. ¶ [0269], a configured field timeToTrigger); and receive, from the wireless device, at least one predictive measurement result based on that the at least one predictive measurement result satisfies the reporting condition (figs. 5, 19-21, ¶ [0266], Evaluating Reporting Criteria According to a Condition Whose Input is Based on Predictions of Mobility Information¶ [0267], the UE 401 determines in step 504 whether one or multiple conditions are fulfilled or not for one or multiple cells. ¶ [0268], 0182 [0272], ¶ [0275] The UE 401 may initiate a transmission of a message in step 505, e.g. a measurement reporting procedure or a new prediction report procedure, to transmit e.g. the predicted mobility information, current mobility information etc.).
Regarding claims 34 and 48, Da Silva teaches the method of claim 33, wherein the measurement object includes information on at least one cell (¶ [0247] The UE 401 may predict the mobility information for at least one serving cell the UE 401 has configured, comprising cell level predictions and/or beam level predictions. Predictions of mobility information may be performed only for serving cells for which a parameter is configured, e.g. servingCellMO in MeasObjectNR. ¶ [0260] The UE 401 may perform predictions of mobility information for at least one neighbor cell associated to a configured frequency, comprising cell level predictions and/or beam level predictions. ¶ [0217]).
Regarding claim 35 and 49, Da Silva teaches the method of claim 33, wherein the measurement object includes information on at least one reference signal
and/or at least one Synchronization Signal Block (SSB) (¶ [0237], the UE 401 perform predictions, based on an RS type like SSB and/or CSI-RS and/or DRMS). ¶ [0252] The UE 401 may perform predictions of serving cell measurement results based on SS/PBCH block. ¶ [0253]. ¶ [0262]).
Regarding claims 36 and 50, Da Silva teaches the method of claim 33, wherein the information on a prediction time includes information on a time gap between a present time point and a future time point (figs. 5, 7-21, ¶ [0301], ¶ [0302], [0302] At a time instant, e.g. t0, the UE 401 may predict RSRP or any other quantity for a given time window, which may be pre-defined in the standard, hard coded, or configured by the network, for the serving cell, e.g. the time window may be longer than the configured time to trigger. At t0, the predictions show that at t1 the entry condition would start to get fulfilled and would remain fulfilled for all measurements after TTT i.e. all predictions of RSRP for the serving cell between t1 and t1+TTT fulfil the entry condition. ¶ [0925]-¶ [0928], The predicted mobility information may be associated with a future time which is ahead of a current time of the current mobility information).
Regarding claims 37 and 51, Da Silva teaches the method of claim 33, wherein the at least one predictive measurement result for a future time point is derived at a present time point (figs. 7-18, ¶ [0301], ¶ [0302], at t0, the predictions show that at t1 the entry condition would start to get fulfilled and would remain fulfilled for all measurements after TTT i.e. all predictions of RSRP for the serving cell between t1 and t1+TTT fulfil the entry condition. Hence, at t0 the UE 401 may consider the entry condition for the event as fulfilled. and ¶ [0303], the message may be transmitted at t0 based on the prediction that the message would have been sent at t1+TTT, which enables a faster transmission of the information from the UE 401. In another variant, the value of t1 or associated values such as t1-t0 interval may also be configured. ¶ [0928] The predicted mobility information may be associated with a future time which is ahead of a current time of the current mobility information. ¶ [0217]).
Regarding claim 38, Da Silva teaches the method of claim 33, wherein the information on a prediction time includes information on an absolute time
point for which the predictive measurement result is derived (figs. 7-18, ¶ [0237] “Real or current measurements” may be as input parameters to the prediction model such as e.g., RSRP, RSRQ, SINR at a certain point in time TO for the same cells the UE 401 perform predictions, based on an RS type like SSB and/or CSI-RS and/or DRMS). ¶ [0240], The input parameters may comprise time information such as the current time, e.g. 10:15 am, and associated time zone, e.g. 10:15 GMT. ¶ [0241]. ¶ [0301]-¶ [0303]).
Regarding claim 39, Da Silva teaches the method of claim 33, wherein the method further comprises, deriving, by the wireless device, a first predictive measurement result for the measurement object based on the prediction time; and
skipping, by the wireless device, transmitting the first predictive measurement result
based on determining the first measurement result not satisfying the reporting condition (figs. 7-18, ¶ [0217], ¶ [0301]-¶ [0303], ¶ [0110], The UE determines whether one or multiple conditions are fulfilled or not for one or multiple cells. At least part of the predicted mobility information is used as input to the one or multiple conditions. The UE transmits a message to a network node when it has been determined that the one or multiple conditions are fulfilled. ¶ [0178], If the one or multiple conditions are not fulfilled, then the message may not be transmitted by the UE 401 to the network node 403).
Regarding claim 40, Da Silva teaches the method of claim 33, wherein the at least one predictive measurement result based on the prediction time is derived at a specific time point, wherein the specific time point is an initial time point at which the predictive measurement result satisfying the reporting condition is derived initially (¶ [0217], ¶ [0173], ¶ [0301], the UE 401 may monitor each prediction at a given timer t0 and, if that fulfils the entry condition the UE 401 may start a timer whose expiration value is TTT so that when the timer expires, i.e. at t0+TTT, and all predictions fulfil the entry condition the event is considered triggered, and the message is transmitted. ¶ [0302], at t0, the predictions show that at t1 the entry condition would start to get fulfilled and would remain fulfilled for all measurements after TTT i.e. all predictions of RSRP for the serving cell between t1 and t1+TTT fulfil the entry condition. Hence, at t0 the UE 401 may consider the entry condition for the event as fulfilled. The time value t1 may be comprised in the message associated to that event, e.g. if configured, to indicate to the network node 403 when the event starts to be fulfilled according to the prediction, ¶ [0323], ¶ [0490]).
Regarding claim 41, Da Silva teaches the method of claim 33, wherein the method further comprises, evaluating, by the wireless device, whether the reporting condition is satisfied (figs. 5, 19, 21, ¶ [0110], ¶ [0178], ¶ [0266], Evaluating Reporting Criteria According to a Condition Whose Input is Based on Predictions of Mobility Information as Performed in Step 501. ¶ [0267]. ¶ [0281]).
Regarding claim 42, Da Silva teaches the method of claim 41, wherein the method further comprises, keeping, by the wireless device, deriving consecutive predictive measurement results for the measurement object for a prediction window,
wherein the prediction window is configured based on the information on the
prediction time (figs. 7-18, ¶ [0217], ¶ [0301], ¶ [0302], At a time instant, e.g. t0, the UE 401 may predict RSRP or any other quantity for a given time window, which may be pre-defined in the standard, hard coded, or configured by the network, for the serving cell, e.g. the time window may be longer than the configured time to trigger. ¶ [0303], the value of t1 or associated values such as t1-t0 interval may also be configured. ¶ [0269], a configured field timeToTrigger. ¶ [0323]).
Regarding claim 43, Da Silva teaches the method of claim 42, wherein the step of the evaluating whether the reporting condition is satisfied comprises,
evaluating, by the wireless device, whether predictive measurement results within a
certain time period keeps satisfying the reporting condition; and evaluating, by the wireless device, whether the certain time period is included in the prediction window (figs. 7-18, ¶ [0217], ¶ [0301]-¶ [0303], ¶ [0323], A certain point in time, e.g. t0, the UE 401 may predict RSRP or any other quantity for a given time window, which may be pre-defined in the standard, hard coded, or configured by the network node 403, for the serving cell, where that time window may be longer than the configured time to trigger. Then, the condition for a given event may be considered fulfilled if all predictions fulfil the condition for a TTT where the starting prediction may be at a time instance >=t0 e.g. t1, as shown in FIG. 9. As shown in FIG. 10, at t0, the predictions show that at t1 the one or multiple conditions may start to get fulfilled and may remain fulfilled for all measurements after TTT i.e. all predictions of RSRP for the serving cell between t1 and t1+TTT fulfil the entry condition. Hence, at t0 the UE 401 may consider the one or multiple conditions for the event as fulfilled. ¶ [0325]).
Regarding claim 44, Da Silva teaches the method of claim 33, wherein the method further comprises, transmitting, by the wireless device to the network, a measurement report including the at least one predictive measurement result (figs. 5, 6, ¶ [0283], step 505 may comprise that, upon the fulfilment of one or multiple conditions, whose input is based on predictions of mobility information, the UE 401 may trigger a reporting procedure. ¶ [0301]-¶ [0303]. ¶ [0924], ¶ [0925], The message may comprise at least one of: [0926] the predicted mobility information; and [0927] current mobility information).
Regarding claim 45, Da Silva teaches the method of claim 44, wherein the method further comprises, acquiring, by the wireless device, a present measurement result for the measurement object by performing measurement on the measurement object, wherein the present measurement result is included in the measurement report (figs. 3a, 3b, ¶ [0174], the UE 401 determines the current mobility information, i.e. its' mobility information for the UE's current location. ¶ [0180] The message may comprise the predicted mobility information or current mobility information, or both the predicted mobility information and the current mobility information. ¶ [0237], [0237]. ¶ [0241], ¶ [0855], ¶ [0856] The network node 403 may receive in a message comprising current mobility information associated to a set of reported triggered cells, e.g. RSRP, RSRQ, SINR for cells C1, C2, C3 and predicted mobility information of a set of predicted cells, ¶ [0213], the UE 401 performs RSRP measurements for a serving cell A, e.g. the UE's SpCell associated to an MCG, and, at a given instant in time t0 predicting the RSRP values of that SpCell in one or multiple time instants such as t0+T, t0+2*T, t0+3*T, . . . , t0+K*T. T, K and the interval between predictions may be configured by the network node 403. ¶ [0227], ¶ [0271]).
Regarding claim 46, Da Silva teaches the method of claim 33, wherein the wireless device is in communication with at least one of a user equipment, a network, or an autonomous vehicle other than the wireless device (figs. 4, 5, 19, 26).
Double Patenting
6. 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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
7. Claims 33-38, 41 and 44-52 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 10, 11, 13, 14, 32 of copending Application No. 18/853,882 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other:
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claims 33 and 47, claims 1 and 4 of the reference application teaches a method, comprising: receiving, by a wireless device from a network, a measurement configuration including (i) a measurement object, (ii) a reporting condition, and (iii) information on a prediction time; deriving, by the wireless device, at least one predictive measurement result for the measurement object based on the prediction time; and
transmitting, by the wireless device, at least one predictive measurement result based
on determining the at least one predictive measurement result satisfying the reporting
condition.
Regarding claims 34 and 48, claim 2 of the reference application teaches wherein the measurement object includes information on at least one cell.
Regarding claims 35 and 49, claim 3 of the reference application teaches wherein the measurement object includes information on at least one reference signal
and/or at least one Synchronization Signal Block (SSB).
Regarding claims 36 and 50, claim 10 of the reference application teaches wherein the information on a prediction time includes information on a time gap between a present time point and a future time point.
Regarding claims 37 and 51, claim 10 of the reference application teaches wherein the at least one predictive measurement result for a future time point is
derived at a present time point.
Regarding claim 38, claim 11 of the reference application teaches wherein the information on a prediction time includes information on an absolute time
point for which the predictive measurement result is derived.
Regarding claim 41, claim 4 of the reference application teaches evaluating, by the wireless device, whether the reporting condition is satisfied.
Regarding claim 44, claim 1 of the reference application teaches transmitting, by the wireless device to the network, a measurement report including the at least one predictive measurement result.
Regarding claim 45, claim 13 of the reference application taches acquiring, by the wireless device, a present measurement result for the measurement
object by performing measurement on the measurement object, wherein the present measurement result is included in the measurement report.
Regarding claim 46, claim 14 of the reference application teaches
wherein the wireless device is in communication with at least one of a user
equipment, a network, or an autonomous vehicle other than the wireless device.
Regarding claim 52, claims 1 or 32 and 4 of the reference application teaches a base station comprising: a transceiver; a memory; and a processor operatively coupled to the transceiver and the memory, and adapted to: provide, to a wireless device, a measurement configuration including (i) a measurement object, (ii) a reporting condition, and (iii) information on a prediction time; and receive, from the wireless device, at least one predictive measurement result based on that the at least one predictive measurement result satisfies the reporting condition.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDISH RANDHAWA whose telephone number is (571)270-5650. The examiner can normally be reached Monday-Thursday (9 AM-7 PM).
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/MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477
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