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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 30 September 2024 was filed after the mailing date of the patent application on 30 September 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings, received on 30 September 2024, are acceptable for examination.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 1 is objected to because of the following informalities: Said claim recites “the at least one memory and computer program code being configured to, with the at least one processor, cause the first apparatus”. Here, the recitation “computer program code”, should be amended to “the computer program code” consistent with antecedent basis. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: Said claim recites “receive, from a second apparatus controlling the operation of a serving cell”. Here, the recitation of “the operation of a serving cell” is not supported by antecedent basis. In order to improve claim clarity, Examiner respectfully suggests amending to “an operation of a serving cell”. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: Said claim recites “the at least one memory and computer program code being configured to, with the at least one processor, cause the first apparatus”. Here, the recitation “computer program code”, should be amended to “the computer program code” consistent with antecedent basis. Appropriate correction is required.
Claims 9-10 are objected to because of the following informalities: Said claims recite “The apparatus” in the preamble of each claim. Here, the recitation “The apparatus”, should be amended to “The first apparatus” consistent with antecedent basis. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: Said claim recites “the at least one memory and computer program code being configured to, with the at least one processor, cause the first apparatus”. Here, the recitation “computer program code”, should be amended to “the computer program code” consistent with antecedent basis. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: Said claim recites “control the operation of a serving cell”. Here, the recitation of “the operation of a serving cell” is not supported by antecedent basis. In order to improve claim clarity, Examiner respectfully suggests amending to “an operation of a serving cell”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-2, 8-9, 11-12, and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (US 20220295323 A1; hereinafter referred to as “Wang”).
Regarding Claim 1, Wang discloses a first apparatus comprising
at least one processor (¶40-43 & Fig. 2 & ¶54, Wang discloses an apparatus comprising reporting circuitry); and
at least one memory including computer program code, the at least one memory and computer program code being configured to, with the at least one processor, cause the first apparatus (¶40-43 & Fig. 2 & ¶54, Wang discloses that the apparatus further includes a computer-readable storage medium storing a program for execution by the hardware of the apparatus) to:
receive, from a second apparatus controlling the operation of a serving cell, Layer 3, L3, measurement configuration information (¶14 & Fig. 1 (S11) & ¶32, Wang discloses receiving, by the UE from a serving cell, a network configuration) including a criterion which L3 measurements of a reference signal in a non-serving cell shall meet to indicate that the non-serving cell is a suitable cell for performing Layer 1, L1 measurements by the first apparatus for one or more first inter-cell purposes (¶32-33, Wang discloses that the network configuration includes a preset condition in which measurements of a reference signal corresponding to a non-serving cell is suitable, or better, than the measurements of a reference signal corresponding to a serving cell within a predetermined amount of time);
perform L3 measurements of one or more reference signals in one or more non- serving cells (¶17 & Fig. 1 (S12) & ¶32-33, Wang discloses performing measurements on a non-serving cell to obtain a measurement result);
when the criterion is met for L3 measurements of a first reference signal in a first non-serving cell, transmit a measurement report indicating that the first non-serving cell is a suitable cell for performing L1 measurements by the first apparatus for one or more second inter-cell purposes (¶18 & Fig. 1 (S13) & ¶32-33, Wang discloses reporting by transmitting, to a network, the measurement result when the preset condition in which measurements of a reference signal corresponding to a non-serving cell is suitable, or better, than the measurements of a reference signal corresponding to a serving cell within a predetermined amount of time).
Regarding Claim 2, Wang discloses the first apparatus of claim 1.
Wang further discloses wherein the L3 measurement configuration information further includes the one or more first inter-cell purposes for which L1 measurements in the non-serving cell are usable (¶32-33, Wang discloses that the network configuration includes a preset condition in which measurements of a reference signal corresponding to a non-serving cell is suitable, or better, than the measurements of a reference signal corresponding to a serving cell within a predetermined amount of time).
Regarding Claim 8, Wang discloses the first apparatus of claim 1.
Wang further discloses wherein the measurement report is for reporting L3 measurements (¶29 & ¶42-43, Liu discloses that the measurement report includes one or more conditions for which L1 measurements of non-serving cells are usable when the L3 measurements meet the one or more conditions).
Regarding Claim 9, Wang discloses the apparatus of claim 1.
Wang further discloses wherein the first non-serving cell is configured as a candidate cell for the at least one inter-cell purposes (¶19 & Fig. 1 (S11) & ¶32-33, Wang discloses that a non-serving cell is configured, by the network configuration information, as a candidate cell for performing measurements on the non-serving cell).
Regarding Claim 11, Wang discloses a second apparatus comprising
at least one processor (¶40-43 & Fig. 2 & ¶54, Wang discloses an apparatus comprising reporting circuitry); and
at least one memory including computer program code, the at least one memory and computer program code being configured to, with the at least one processor, cause the second apparatus (¶40-43 & Fig. 2 & ¶54, Wang discloses that the apparatus further includes a computer-readable storage medium storing a program for execution by the hardware of the apparatus) to:
control the operation of a serving cell (¶14 & Fig. 1 (S11) & ¶32, Wang discloses controlling the operation of a network such that the radio access node is caused to transmit, to a user equipment (UE) from a serving cell or network, a network configuration);
transmit, to a first apparatus, Layer 3, L3, measurement configuration information (¶14 & Fig. 1 (S11) & ¶32, Wang discloses transmitting, to a user equipment (UE) from a serving cell or network, a network configuration) including a criterion which L3 measurements of a reference signal in a non-serving cell shall meet to indicate that the non-serving cell is a suitable cell for performing Layer 1, L1 measurements by the first apparatus for one or more first inter-cell purposes (¶32-33, Wang discloses that the network configuration includes a preset condition in which measurements of a reference signal corresponding to a non-serving cell is suitable, or better, than the measurements of a reference signal corresponding to a serving cell within a predetermined amount of time);
receive a measurement report indicating that the first non-serving cell is a suitable cell for performing L1 measurements by the first apparatus for one or more second inter- cell purposes (¶18 & Fig. 1 (S13) & ¶32-33, Wang discloses reporting by transmitting, to a network, the measurement result when the preset condition in which measurements of a reference signal corresponding to a non-serving cell is suitable, or better, than the measurements of a reference signal corresponding to a serving cell within a predetermined amount of time).
Regarding Claim 12, Wang discloses the second apparatus of claim 11.
Wang further discloses wherein the L3 measurement configuration information further includes the one or more first inter-cell purposes for which L1 measurements in the non-serving cell are usable (¶32-33, Wang discloses that the network configuration includes a preset condition in which measurements of a reference signal corresponding to a non-serving cell is suitable, or better, than the measurements of a reference signal corresponding to a serving cell within a predetermined amount of time).
Regarding Claim 15, Claim 15 is rejected on the same basis as Claim 1.
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.
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.
Claims 3-6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Liu et al. (US 20230189046 A1; hereinafter referred to as “Liu”).
Regarding Claim 3, Wang discloses the first apparatus of claim 1.
However, Wang does not disclose wherein the measurement report further includes the one or more second inter-cell purposes for which L1 measurements in the first non-serving cell are usable.
Liu, a prior art reference in the same field of endeavor, teaches wherein the measurement report further includes the one or more second inter-cell purposes for which L1 measurements in the first non-serving cell are usable (¶29 & ¶42-43, Liu discloses that the measurement report includes one or more conditions for which L1 measurements of non-serving cells are usable when the L3 measurements meet the one or more conditions).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to modify Wang by requiring that the measurement report further includes the one or more second inter-cell purposes for which L1 measurements in the first non-serving cell are usable as taught by Liu because inter-cell mobility is improved by accelerating measurement information reporting and/or mobility measurement information reporting (Liu, ¶57-58).
Regarding Claim 4, Wang discloses the first apparatus of claim 1.
However, Wang does not disclose wherein the one or more second inter-cell purposes are selected from the one or more first inter-cell purposes.
Liu, a prior art reference in the same field of endeavor, teaches wherein the one or more second inter-cell purposes are selected from the one or more first inter-cell purposes (¶29 & ¶42-43, Liu discloses that the measurement report includes one or more conditions for which L1 measurements of non-serving cells are usable when the L3 measurements meet the one or more conditions).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to modify Wang by requiring that the one or more second inter-cell purposes are selected from the one or more first inter-cell purposes as taught by Liu because inter-cell mobility is improved by accelerating measurement information reporting and/or mobility measurement information reporting (Liu, ¶57-58).
Regarding Claim 5, Wang in view of Liu discloses the first apparatus of claim 3.
Liu, a prior art reference in the same field of endeavor, further teaches wherein the one or more second inter-cell purposes are selected based on capabilities of the first apparatus to operate according to the one or more second inter-cell purpose (¶75-76 & ¶29 & ¶42-43, Liu discloses that the number of neighboring cells depends on the capability of the UE performing the measurement).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to modify Wang in view of Liu by requiring that the one or more second inter-cell purposes are selected based on capabilities of the first apparatus to operate according to the one or more second inter-cell purpose as taught by Liu because inter-cell mobility is improved by accelerating measurement information reporting and/or mobility measurement information reporting (Liu, ¶57-58).
Regarding Claim 6, Wang discloses the first apparatus of Claim 1.
However, Wang does not disclose wherein the one or more first and second inter-cell purposes comprise at least one of inter-cell beam management, physical layer mobility, medium access layer mobility, and inter-cell multiple transmission-reception points.
Liu, a prior art reference in the same field of endeavor, teaches wherein the one or more first and second inter-cell purposes comprise at least one of inter-cell beam management, physical layer mobility, medium access layer mobility, and inter-cell multiple transmission-reception points (¶115, Liu discloses that the transmission of the control information comprises activities related to beam failure. Examiner correlates beam failure to "inter-cell beam management").
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to modify Wang by requiring that the one or more first and second inter-cell purposes comprise at least one of inter-cell beam management, physical layer mobility, medium access layer mobility, and inter-cell multiple transmission-reception points as taught by Liu because inter-cell mobility is improved by accelerating measurement information reporting and/or mobility measurement information reporting (Liu, ¶57-58).
Regarding Claim 13, Wang discloses the second apparatus of claim 11.
However, Wang does not disclose wherein the measurement report further includes the one or more second inter-cell purposes for which L1 measurements in the first non-serving cell are usable.
Liu, a prior art reference in the same field of endeavor, teaches wherein the measurement report further includes the one or more second inter-cell purposes for which L1 measurements in the first non-serving cell are usable (¶29 & ¶42-43, Liu discloses that the measurement report includes one or more conditions for which L1 measurements of non-serving cells are usable when the L3 measurements meet the one or more conditions).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to modify Wang by requiring that the measurement report further includes the one or more second inter-cell purposes for which L1 measurements in the first non-serving cell are usable as taught by Liu because inter-cell mobility is improved by accelerating measurement information reporting and/or mobility measurement information reporting (Liu, ¶57-58).
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Cui et al. (US 20230171629 A1; hereinafter referred to as “Cui”).
Regarding Claim 7, Wang discloses the first apparatus of claim 1.
However, Wang does not disclose wherein the at least one memory and computer program code are configured to, with the at least one processor, further cause the first apparatus to: receive, in the measurement configuration information, a further criterion which L3 measurements of a reference signal in a non-serving cell shall meet to indicate that the non-serving cell is no longer a suitable cell for performing Layer 1, L1 measurements by the first apparatus for the one or more first inter-cell purposes; when the further criterion is met for L3 measurements of the first reference signal, transmit a further measurement report indicating that the first non-serving cell is no longer a suitable cell for performing L1 measurements by the first apparatus for the one or more second inter-cell purposes.
Cui, a prior art reference in the same field of endeavor, teaches wherein the at least one memory and computer program code are configured to, with the at least one processor, further cause the first apparatus to:
receive, in the measurement configuration information, a further criterion which L3 measurements of a reference signal in a non-serving cell shall meet to indicate that the non-serving cell is no longer a suitable cell for performing Layer 1, L1 measurements by the first apparatus for the one or more first inter-cell purposes (¶59-60 & Fig. 8 (805), Cui discloses receiving, by the UE, a configuration for L1 measurements and a configuration of L3 measurements in order to determine, based on both the configuration for L1 measurements of a resource set comprising a plurality of RSs and the second configuration for L3 measurements, that the additional criteria is met when the L3 measurements collide with L1 measurements);
when the further criterion is met for L3 measurements of the first reference signal, transmit a further measurement report indicating that the first non-serving cell is no longer a suitable cell for performing L1 measurements by the first apparatus for the one or more second inter-cell purposes (¶59-60 & Fig. 8 (815), Cui discloses transmitting an altered measurement report indicating muted L1 measurements when the L3 measurements collide with L1 measurements).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Wang by receiving, in the measurement configuration information, a further criterion which L3 measurements of a reference signal in a non-serving cell shall meet to indicate that the non-serving cell is no longer a suitable cell for performing Layer 1, L1 measurements by the first apparatus for the one or more first inter-cell purposes and transmitting a further measurement report indicating that the first non-serving cell is no longer a suitable cell for performing L1 measurements by the first apparatus for the one or more second inter-cell purposes when the further criterion is met for L3 measurements of the first reference signal as taught by Cui because measurement reporting is improved by preventing inefficiencies that may result if the network is not aware of which measurement results are current and which are out of date (Cui, ¶2).
Regarding Claim 14, Wang discloses the second apparatus of claim 11.
However, Wang does not disclose wherein the at least one memory and computer program code are configured to, with the at least one processor, further cause the second apparatus to: transmit, in the measurement configuration information, a further criterion which L3 measurements of a reference signal in a non-serving cell shall meet to indicate that the non-serving cell is no longer a suitable cell for performing Layer 1, L1 measurements by the first apparatus for the one or more first inter-cell purposes; receive a further measurement report indicating that the first non-serving cell is no longer a suitable cell for performing L1 measurements by the first apparatus for the one or more second inter-cell purposes.
Cui, a prior art reference in the same field of endeavor, teaches the at least one memory and computer program code are configured to, with the at least one processor, further cause the second apparatus to:
transmit, in the measurement configuration information, a further criterion which L3 measurements of a reference signal in a non-serving cell shall meet to indicate that the non-serving cell is no longer a suitable cell for performing Layer 1, L1 measurements by the first apparatus for the one or more first inter-cell purposes (¶59-60 & Fig. 8 (805), Cui discloses transmitting, to the UE, a configuration for L1 measurements and a configuration of L3 measurements in order to cause the UE to determine, based on both the configuration for L1 measurements of a resource set comprising a plurality of RSs and the second configuration for L3 measurements, that the additional criteria is met when the L3 measurements collide with L1 measurements);
receive a further measurement report indicating that the first non-serving cell is no longer a suitable cell for performing L1 measurements by the first apparatus for the one or more second inter-cell purposes (¶59-60 & Fig. 8 (815), Cui discloses receiving an altered measurement report indicating muted L1 measurements when thethe L3 measurements collide with L1 measurements).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Wang by transmitting, in the measurement configuration information, a further criterion which L3 measurements of a reference signal in a non-serving cell shall meet to indicate that the non-serving cell is no longer a suitable cell for performing Layer 1, L1 measurements by the first apparatus for the one or more first inter-cell purposes and receiving a further measurement report indicating that the first non-serving cell is no longer a suitable cell for performing L1 measurements by the first apparatus for the one or more second inter-cell purposes as taught by Cui because measurement reporting is improved by preventing inefficiencies that may result if the network is not aware of which measurement results are current and which are out of date (Cui, ¶2).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Cao et al. (US 20240179590 A1; hereinafter referred to as “Cao”) in further view of Silva et al. (US 20190141557 A1; hereinafter referred to as “Silva”).
Regarding Claim 10, Wang discloses the apparatus claim 1.
However, Wang does not disclose wherein the L3 measurements are configurable by means of radio resource control protocol.
Cao, a prior art reference in the same field of endeavor, teaches wherein the L3 measurements are configurable by means of radio resource control protocol (¶172-173 & Fig. 17 (S0), Cao discloses that the L3 measurements are configurable by means of radio resource control (RRC) signaling including RRC parameters of the non-serving cell and the serving cell).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Wang by requiring that the L3 measurements are configurable by means of radio resource control protocol as taught by Cao because there is a need to improve the existing inter-cell mobility management mechanisms (Cao, ¶6).
However, Wang in view of Cao does not disclose the L3 measurements are averaged over a first time period and the L1 measurements are averaged over a second time period.
Silva, a prior art reference in the same field of endeavor, teaches the L3 measurements are averaged over a first time period and the L1 measurements are averaged over a second time period (¶70-84 & Fig. 2, Silva discloses that Layer 3 (L3) measurements are filtered over a period of time corresponding to the L3 and that Layer 1 (L1) measurements are filtered over another period of time corresponding to L1).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Wang in view of Cao by requiring that the L3 measurements are averaged over a first time period and the L1 measurements are averaged over a second time period as taught by Silva because performance of radio measurements is improved by enabling the device to measure a first set of radio measurements using a first filtering configuration and a second set of measurements using a second filtering configuration (Silva, ¶58-59).
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC NOWLIN whose telephone number is (313)446-6544. The examiner can normally be reached M-F 12:00PM-10:00PM.
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, Michael Thier can be reached at (571) 272-2832. 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.
/ERIC NOWLIN/Examiner, Art Unit 2474
Prosecution Insights