DETAILED ACTION
1. Claims 1-3, 14, 15, 44-66, and 216-217 have been examined and are pending.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
3. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d).
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 10/07/2024 has been found to be in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
5. The drawings were received on 10/07/2024. These drawings are accepted.
Specification
6. 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 Rejections - 35 USC § 102
7. 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.
8. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
9. Claims 1, 3, 44, 46, 47, 49, and 51-56 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication 2020/0288337 A1 to Callender et al. (hereinafter “Callender”).
Callender is cited as the closest, available prior art of record to read on the current form of the claims received in the Office on 10/07/2024. The invention of Callender allows a user equipment to be configured with a plurality of bandwidth parts (BW part, BWP), said configurations including with or without measurement gaps (gap/gapless pattern; Callender: [0085], [0175]), in which quality of one or more types of signals measured, such as reference signals (CSI-RS) or synchronization signal blocks (SSB; Callender: [0149-0153], [0175]). In terms of “active BWP(s)”, the disclosure of Callender represents this limitation many ways, including, but not limited to: active BW part (Callender: [0021]), activated BW part (Callender: [0077], [0083], [0107], [0137]), current (active) bandwidth/BW part (Callender: [0021], [0107]), first/second BWP (Callender: [0177]), BWP1/BWP2 (Callender: [0176]), default BWP/BW part (Callender: [0073]), and configured BWP (Callender: [0156-0157]). Gap-based measurement configurations are interpreted as measurements outside an active bandwidth (see attached PTO-892, US PGPub 2024/0098540 A1 to Kazmi et al. at [0133]). The limitation reciting “outside the active bandwidth part” is described by Callender in the following ways: “deactivated” BW part/BWP (Callender: [0157], [0187-0188]), newly activated BW part/BWP (Callender: [0121], [0183]), first/second BWP (Callender: [0177]), BWP1/BWP2 (Callender: [0176]), default BWP/BW part (Callender: [0073]), and old active BWP (Callender: [0176]). However, the Examiner notes these designations are interchangeable since these configurations, along with control signaling from a network device, allow for switching between active and inactive BWPs (Callender: [0020], [0061-0063], [0079-0085]). Therefore,
Regarding Claim 1, Callender discloses a method for wireless communication at a user equipment (UE), comprising:
receiving signaling identifying a first measurement gap configuration defining a first pattern of measurement occasions for reference signal measurements outside an active bandwidth part for the UE (Callender: [0027-0031], [0056-0057], [0060], [0065-0070], [0149-0154] – UE receives a plurality of configurations from a base station via radio resource configuration (RRC), each of the configurations including a bandwidth part configuration, a measurement gap pattern configuration, and a rule/parameter for allowing a UE to map the BWP configuration to a measurement gap pattern configuration, and vice-versa, for the purpose of measuring channel state information reference (CSI-RS) and/or synchronization signal blocks (SSB), wherein the configuration may be for an active BW part, or a configuration for BW part other than an active BW part.);
receiving signaling identifying a second measurement gap configuration defining a second pattern of measurement occasions for reference signal measurements outside the active bandwidth part for the UE (Callender: [0027-0031], [0056-0057], [0060], [0065-0070], [0149-0154] – UE receives a plurality of configurations from a base station via radio resource configuration (RRC), each of the configurations including a bandwidth part configuration, a measurement gap pattern configuration, and a rule/parameter for allowing a UE to map the BWP configuration to a measurement gap pattern configuration, and vice-versa, for the purpose of measuring channel state information reference (CSI-RS) and/or synchronization signal blocks (SSB), wherein the configuration may be for an active BW part, or a configuration for BW part other than an active BW part.); and
performing the reference signal measurements during a set of reference signal measurement occasions that is identified based at least in part on the first pattern of measurement occasions, the second pattern of measurement occasions, and a minimum gap separation threshold applicable between measurement occasions of the first pattern and measurement occasions of the second pattern (Callender: [0159-0165] – first and second measurement occasions, associated with first and second (measurement) configurations are “…aligned or have some minimum amount of overlap in time when the UE is capable of performing the first and the second measurements at the same time, in another example the first and the second measurement occasions are misaligned or separated in time by at least Delta time when the UE is not capable of performing the first and the second measurements at the same time”. This is indicative of a separation of the patterns to report a measurement. See also [0057], [0060], [0175] describing the requirements for gap measurement and “gapless” measurement comprising, in some configurations, a gap length and a gap offset. See also [0192-0193].).
Regarding Claim 3, Callender discloses the method of claim 1, further comprising:
performing a reference signal measurement during a first measurement occasion of the first pattern or a second measurement occasion of the second pattern based at least in part on a time separation between the first measurement occasion and the second measurement occasion being less than the minimum gap separation threshold (Callender: [0159-0165] – “…in one example the first and the second measurements occasions have to be aligned or have some minimum amount of overlap in time when the UE is capable of performing the first and the second measurements at the same time, in another example the first and the second measurement occasions are misaligned or separated in time by at least Delta time when the UE is not capable of performing the first and the second measurements at the same time”.).
Regarding Claim 44, Callender discloses an apparatus for wireless communication at a user equipment (UE) (Callender: Figure 7 with [0072], [0123-0134] – corresponds to a user equipment, UE.), comprising:
at least one processor (Callender: Figure 7, element 76); and
memory coupled with the at least one processor (Callender: Figure 7, element 78), the memory storing instructions executable by the at least one processor to cause the UE to:
receive signaling identifying a first measurement gap configuration defining a first pattern of measurement occasions for reference signal measurements outside an active bandwidth part for the UE (Callender: [0027-0031], [0056-0057], [0060], [0065-0070], [0149-0154] – UE receives a plurality of configurations from a base station via radio resource configuration (RRC), each of the configurations including a bandwidth part configuration, a measurement gap pattern configuration, and a rule/parameter for allowing a UE to map the BWP configuration to a measurement gap pattern configuration, and vice-versa, for the purpose of measuring channel state information reference (CSI-RS) and/or synchronization signal blocks (SSB), wherein the configuration may be for an active BW part, or a configuration for BW part other than an active BW part.);
receive signaling identifying a second measurement gap configuration defining a second pattern of measurement occasions for reference signal measurements outside the active bandwidth part for the UE (Callender: [0027-0031], [0056-0057], [0060], [0065-0070], [0149-0154] – UE receives a plurality of configurations from a base station via radio resource configuration (RRC), each of the configurations including a bandwidth part configuration, a measurement gap pattern configuration, and a rule/parameter for allowing a UE to map the BWP configuration to a measurement gap pattern configuration, and vice-versa, for the purpose of measuring channel state information reference (CSI-RS) and/or synchronization signal blocks (SSB), wherein the configuration may be for an active BW part, or a configuration for BW part other than an active BW part.); and
perform the reference signal measurements during a set of reference signal measurement occasions that is identified based at least in part on the first pattern of measurement occasions, the second pattern of measurement occasions, and a minimum gap separation threshold applicable between measurement occasions of the first pattern and measurement occasions of the second pattern (Callender: [0159-0165] – first and second measurement occasions, associated with first and second (measurement) configurations are “…aligned or have some minimum amount of overlap in time when the UE is capable of performing the first and the second measurements at the same time, in another example the first and the second measurement occasions are misaligned or separated in time by at least Delta time when the UE is not capable of performing the first and the second measurements at the same time”. This is indicative of a separation of the patterns to report a measurement. See also [0057], [0060], [0175] describing the requirements for gap measurement and “gapless” measurement comprising, in some configurations, a gap length and a gap offset. See also [0192-0193].).
Claim 46, dependent claim 44, recites similar features as claim 3 and is therefore rejected upon the same grounds as claim 3. Please see above rejection of claim 3.
Regarding Claim 47, Callender discloses the apparatus of claim 46, wherein the instructions are further executable by the at least one processor to cause the UE to:
select either the first measurement occasion or the second measurement occasion for performing the reference signal measurement in accordance with a selection rule that is applied when the time separation is less than the minimum gap separation threshold (Callender: [0057-0060] – corresponds to receiving a set of rules (from a base station to a UE), the rules constructed to allow a UE to perform a measurement based on a measurement gap pattern; [0159-0165] – “…in one example the first and the second measurements occasions have to be aligned or have some minimum amount of overlap in time when the UE is capable of performing the first and the second measurements at the same time, in another example the first and the second measurement occasions are misaligned or separated in time by at least Delta time when the UE is not capable of performing the first and the second measurements at the same time”. That is, the rule is used to associate a BWP to a measurement configuration, either having a gap or not having a gap, and the measurement occasions separated by a threshold.).
Regarding Claim 49, Callender discloses the apparatus of claim 46, wherein the instructions are further executable by the at least one processor to cause the UE to:
select either the first measurement occasion or the second measurement occasion for performing the reference signal measurement based at least in part on a beam quality of a serving beam (Callender: [0140-0154] – quality measurements may be derived by serving cell quality), a beam quality of a non-serving beam (alternative language), a mobility of the UE (alternative language), channel conditions (alternative language), or a combination thereof (alternative language).
Regarding Claim 51, Callender discloses the apparatus of claim 46, wherein the instructions are further executable by the at least one processor to cause the UE to:
identify a collision based at least in part on the time separation being less than the minimum gap separation threshold, wherein the reference signal measurement is performed during the first measurement occasion or the second measurement occasion based at least in part on identifying the collision (Callender: [0159-0165] – corresponds to performing measurements (including SSB, CSI), wherein two measurement occasions may overlap (collide) one another in measurement gaps.).
Regarding Claim 52, Callender discloses the apparatus of claim 44, wherein the instructions are further executable by the at least one processor to cause the UE to:
receive signaling that identifies a selection rule that is used by the UE to select, for performing the reference signal measurements, either a first measurement occasion of the first pattern or a second measurement occasion of the second pattern when a time separation between the first measurement occasion and the second measurement occasion is less than the minimum gap separation threshold (Callender: [0057-0060] – corresponds to receiving a set of rules (from a base station to a UE), the rules constructed to allow a UE to perform a measurement based on a measurement gap pattern; [0159-0165] – “…in one example the first and the second measurements occasions have to be aligned or have some minimum amount of overlap in time when the UE is capable of performing the first and the second measurements at the same time, in another example the first and the second measurement occasions are misaligned or separated in time by at least Delta time when the UE is not capable of performing the first and the second measurements at the same time”. That is, the rule is used to associate a BWP to a measurement configuration, either having a gap or not having a gap, and the measurement occasions separated by a threshold.).
Regarding Claim 53, Callender discloses the apparatus of claim 44, wherein the minimum gap separation threshold is based at least in part on a measurement occasion periodicity of the first pattern (Callender: [0057]), a measurement occasion periodicity of the second pattern (Callender: [0057]), a measurement occasion length of the first pattern, a measurement occasion length of the second pattern (Callender: [0057] – each occasion has a length; see also [0140-0148], [0175]), or a combination thereof (Callender: [0057]).
Regarding Claim 54, Callender discloses the apparatus of claim 44, wherein the minimum gap separation threshold is based at least in part on a tone spacing (Callender: [0019-0020] – a subcarrier spacing is considered for measurement in the gap pattern configuration.), a frequency (Callender: [0019-0020] – interpreted as a center or inter/intra-frequency), a UE capability (Callender: [0009] – a UE capability is considered in view of what is known in the TS 36.300; see also [0055], [0157].), or a combination thereof (alternative language).
Regarding Claim 55, Callender discloses the apparatus of claim 44, wherein the instructions are further executable by the at least one processor to cause the UE to:
receive signaling indicating the minimum gap separation threshold (Callender: [0159-0165] – first and second measurement occasions, associated with first and second (measurement) configurations are “…aligned or have some minimum amount of overlap in time when the UE is capable of performing the first and the second measurements at the same time, in another example the first and the second measurement occasions are misaligned or separated in time by at least Delta time when the UE is not capable of performing the first and the second measurements at the same time”. This is indicative of a separation of the patterns to report a measurement. See also [0057], [0060], [0175-0176] describing the requirements for gap measurement and “gapless” measurement comprising, in some configurations, a gap length and a gap offset. See also [0192-0193].).
Regarding Claim 56, Callender discloses the apparatus of claim 44, wherein the reference signal measurements are performed on synchronization signal blocks, channel state information reference signals, or both (Callender: [0027-0031], [0056-0057], [0060], [0065-0070], [0149-0154] – UE receives a plurality of configurations from a base station via radio resource configuration (RRC), each of the configurations including a bandwidth part configuration, a measurement gap pattern configuration, and a rule/parameter for allowing a UE to map the BWP configuration to a measurement gap pattern configuration, and vice-versa, for the purpose of measuring channel state information reference (CSI-RS) and/or synchronization signal blocks (SSB), wherein the configuration may be for an active BW part, or a configuration for BW part other than an active BW part.).
Claim Rejections - 35 USC § 103
10. 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.
11. 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.
12. 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.
13. 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.
14. Claims 2, 14, 15, 45, 50, and 57-66 are rejected under 35 U.S.C. 103 as being unpatentable over Callender in view of United States Patent Application Publication 2024/0098540 A1 to Kazmi et al. (hereinafter “Kazmi”).
Regarding Claim 2, Callender discloses the method of claim 1, further comprising:
transmitting an indication of a UE capability of performing reference signal measurements outside the active bandwidth part for the UE and according to one or more measurement gap configurations (Callender: [0055] – corresponds to transmitting measurement gap configurations based on a UE capability. Note: Since the base station is operable to transmit a measurement gap based on a UE capability, the Examiner notes the capability must include information for reference signal measurement in accordance with the gap configuration.),…wherein the signaling identifying the first measurement gap configuration, the signaling identifying the second measurement gap configuration, or both, are received based at least in part on transmitting the indication of the UE capability (Callender: [0055] – corresponds to transmitting measurement gap configurations based on a UE capability. Note: Since the base station is operable to transmit a measurement gap based on a UE capability, the Examiner notes the capability must include information for reference signal measurement in accordance with the gap configuration.).
Although Callender discloses determining UE capabilities, Callender does not expressly disclose the UE capability corresponds to the reference signal measurements associated with one or more beam mobility or tracking procedures.
However, these UE capabilities cannot be considered new or novel in the presence of Kazmi. Kazmi is similarly concerned with performing measurements according to configured gap patterns (Kazmi: [0010-0012]). Kazmi discloses UE capability corresponds to the reference signal measurements associated with one or more beam mobility or tracking procedures (Kazmi: [0015-0018] – corresponds to radio resource management (RRM) of CSI-RS and/or SSB; [0007-0008] - other measurements include Layer-1 Reference Signal Received Power (RSRP).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the UE capabilities of Callender to include signaling configurations for L1-RSRP measurements for the reasons of reducing uncertainty in scheduling, reducing dropped transmissions, and reducing delays in the propagation system (Kazmi: [0081-0082]).
Claim 45, dependent upon claim 44, recites similar features as claim 2 and is therefore rejected upon the same grounds as claim 2. Please see above rejection of claim 2.
Regarding Claim 14, Callender discloses a method for wireless communication at a user equipment (UE), comprising:
transmitting an indication of a UE capability of performing reference signal measurements outside an active bandwidth part for the UE and according to one or more measurement gap configurations (Callender: [0027-0031], [0056-0057], [0060], [0065-0070], [0149-0154] – UE receives a plurality of configurations from a base station via radio resource configuration (RRC) based on a UE capability, each of the configurations including a bandwidth part configuration, a measurement gap pattern configuration, and a rule/parameter for allowing a UE to map the BWP configuration to a measurement gap pattern configuration, and vice-versa, for the purpose of measuring channel state information reference (CSI-RS) and/or synchronization signal blocks (SSB), wherein the configuration may be for an active BW part, or a configuration for BW part other than an active BW part.),…;
receiving, based at least in part on transmitting the indication, signaling identifying a first measurement gap configuration defining a first pattern of measurement occasions (Callender: [0027-0031], [0056-0057], [0060], [0065-0070], [0149-0154] – UE receives a plurality of configurations from a base station via radio resource configuration (RRC), each of the configurations including a bandwidth part configuration, a measurement gap pattern configuration, and a rule/parameter for allowing a UE to map the BWP configuration to a measurement gap pattern configuration, and vice-versa, for the purpose of measuring channel state information reference (CSI-RS) and/or synchronization signal blocks (SSB), wherein the configuration may be for an active BW part, or a configuration for BW part other than an active BW part.)…; and
performing the reference signal measurements during a set of reference signal measurement occasions that is identified based at least in part on the first measurement gap configuration (Callender: [0159-0165] – first and second measurement occasions, associated with first and second (measurement) configurations are “…aligned or have some minimum amount of overlap in time when the UE is capable of performing the first and the second measurements at the same time, in another example the first and the second measurement occasions are misaligned or separated in time by at least Delta time when the UE is not capable of performing the first and the second measurements at the same time”. This is indicative of a separation of the patterns to report a measurement. See also [0057], [0060], [0175] describing the requirements for gap measurement and “gapless” measurement comprising, in some configurations, a gap length and a gap offset. See also [0192-0193].).
Although Callender discloses determining UE capabilities, Callender does not expressly disclose the UE capability corresponds to the reference signal measurements associated with one or more beam mobility or tracking procedures.
However, these UE capabilities cannot be considered new or novel in the presence of Kazmi. Kazmi is similarly concerned with performing measurements according to configured gap patterns (Kazmi: [0010-0012]). Kazmi discloses UE capability corresponds to the reference signal measurements associated with one or more beam mobility or tracking procedures (Kazmi: [0015-0018] – corresponds to radio resource management (RRM) of CSI-RS and/or SSB; [0007-0008] - other measurements include Layer-1 Reference Signal Received Power (RSRP).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the UE capabilities of Callender to include signaling configurations for L1-RSRP measurements for the reasons of reducing uncertainty in scheduling, reducing dropped transmissions, and reducing delays in the propagation system (Kazmi: [0081-0082]).
Regarding Claim 15, the combination of Callender and Kazmi discloses the method of claim 14, wherein transmitting the UE capability comprises:
transmitting the indication that the UE supports a single measurement gap configuration (Interpreted to correspond to a single gap length, as described in at least [0010-0012] of Kazmi.) for reference signal measurements associated with the one or more beam mobility or tracking procedures and reference signal measurements associated with one or more radio resource management procedures (Kazmi: [0015-0018] – corresponds to radio resource management (RRM) of CSI-RS and/or SSB; [0007-0008] - other measurements include Layer-1 Reference Signal Received Power (RSRP).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the UE capabilities of Callender to include signaling configurations for L1-RSRP measurements for the reasons of reducing uncertainty in scheduling, reducing dropped transmissions, and reducing delays in the propagation system (Kazmi: [0081-0082]).
Regarding Claim 50, Callender discloses the apparatus of claim 49, determining the quality of a serving beam (Callender: [0140-0154] – quality measurements may be derived by serving cell quality), but does not expressly disclose wherein the beam quality of the serving beam, the beam quality of the non-serving beam (alternative language), or both (alternative language) is based at least in part on one or more combinations of signal-to-noise ratio, reference signal receive power (RSRP), reference signal received quality (RSRQ), layer one reference signal receive power (L1-RSRP), or a combination thereof.
However, Kazmi discloses the beam quality of the serving beam, the beam quality of the non-serving beam (alternative language), or both (alternative language) is based at least in part on one or more combinations of signal-to-noise ratio, reference signal receive power (RSRP), reference signal received quality (RSRQ), layer one reference signal receive power (L1-RSRP), or a combination thereof (Kazmi: [0007-0010] – corresponds to a serving cell quality measurement that includes one or more of SNR, RSRP, RSRQ, and L1-RSRP.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the UE capabilities of Callender to include signaling configurations for quality measurements for the reasons of reducing uncertainty in scheduling, reducing dropped transmissions, and reducing delays in the propagation system (Kazmi: [0081-0082]).
Regarding Claim 57, Callender discloses an apparatus for wireless communication at a user equipment (UE) (Callender: Figure 7 with [0072], [0123-0134] – corresponds to a user equipment, UE.), comprising:
at least one processor (Callender: Figure 7, element 76); and
memory coupled with the at least one processor (Callender: Figure 7, element 78), the memory storing instructions executable by the at least one processor to cause the UE to:
transmit an indication of a UE capability of performing reference signal measurements outside an active bandwidth part for the UE and according to one or more measurement gap configurations (Callender: [0027-0031], [0056-0057], [0060], [0065-0070], [0149-0154] – UE receives a plurality of configurations from a base station via radio resource configuration (RRC) based on a UE capability, each of the configurations including a bandwidth part configuration, a measurement gap pattern configuration, and a rule/parameter for allowing a UE to map the BWP configuration to a measurement gap pattern configuration, and vice-versa, for the purpose of measuring channel state information reference (CSI-RS) and/or synchronization signal blocks (SSB), wherein the configuration may be for an active BW part, or a configuration for BW part other than an active BW part.),…;
receive, based at least in part on transmitting the indication, signaling identifying a first measurement gap configuration defining a first pattern of measurement occasions (Callender: [0027-0031], [0056-0057], [0060], [0065-0070], [0149-0154] – UE receives a plurality of configurations from a base station via radio resource configuration (RRC), each of the configurations including a bandwidth part configuration, a measurement gap pattern configuration, and a rule/parameter for allowing a UE to map the BWP configuration to a measurement gap pattern configuration, and vice-versa, for the purpose of measuring channel state information reference (CSI-RS) and/or synchronization signal blocks (SSB), wherein the configuration may be for an active BW part, or a configuration for BW part other than an active BW part.)…; and
perform the reference signal measurements during a set of reference signal measurement occasions that is identified based at least in part on the first measurement gap configuration (Callender: [0159-0165] – first and second measurement occasions, associated with first and second (measurement) configurations are “…aligned or have some minimum amount of overlap in time when the UE is capable of performing the first and the second measurements at the same time, in another example the first and the second measurement occasions are misaligned or separated in time by at least Delta time when the UE is not capable of performing the first and the second measurements at the same time”. This is indicative of a separation of the patterns to report a measurement. See also [0057], [0060], [0175] describing the requirements for gap measurement and “gapless” measurement comprising, in some configurations, a gap length and a gap offset. See also [0192-0193].).
Although Callender discloses determining UE capabilities, Callender does not expressly disclose the UE capability corresponds to the reference signal measurements associated with one or more beam mobility or tracking procedures.
However, these UE capabilities cannot be considered new or novel in the presence of Kazmi. Kazmi is similarly concerned with performing measurements according to configured gap patterns (Kazmi: [0010-0012]). Kazmi discloses UE capability corresponds to the reference signal measurements associated with one or more beam mobility or tracking procedures (Kazmi: [0015-0018] – corresponds to radio resource management (RRM) of CSI-RS and/or SSB; [0007-0008] - other measurements include Layer-1 Reference Signal Received Power (RSRP).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the UE capabilities of Callender to include signaling configurations for L1-RSRP measurements for the reasons of reducing uncertainty in scheduling, reducing dropped transmissions, and reducing delays in the propagation system (Kazmi: [0081-0082]).
Regarding Claim 58, the combination of Callender and Kazmi discloses the apparatus of claim 57, wherein Kazmi further discloses the instructions to transmit the UE capability are executable by the at least one processor to cause the UE to:
transmit the indication that the UE supports a single measurement gap configuration (Interpreted to correspond to a single gap length, as described in at least [0010-0012] of Kazmi.) for reference signal measurements associated with the one or more beam mobility or tracking procedures and reference signal measurements associated with one or more radio resource management procedures (Kazmi: [0015-0018] – corresponds to radio resource management (RRM) of CSI-RS and/or SSB; [0007-0008] - other measurements include Layer-1 Reference Signal Received Power (RSRP).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the UE capabilities of Callender to include signaling configurations for L1-RSRP measurements for the reasons of reducing uncertainty in scheduling, reducing dropped transmissions, and reducing delays in the propagation system (Kazmi: [0081-0082]).
Regarding Claim 59, the combination of Callender and Kazmi discloses the apparatus of claim 58, wherein Callender further discloses the indication specifies that the single measurement gap configuration is applicable across a set of frequency ranges (Callender: [0060] – “…the UE may be configured to operate with two BW part configurations, wherein a first BW part has a broad frequency range and a second BW part has narrow frequency rage. The rage of the SSB to be measured may fall within the broad frequency range of the first BW part, but it may be partly or entirely out of the range narrow frequency rage of the second BW part. If the UE changes the active BW part (for example in response to DCI signaling) from the first BW part to the second BW part and vice versa, it changes from a first certain measurement gap (in this case the none-gap pattern) to a second certain measurement gap (characterized by a certain length, periodicity and offset) and vice versa.”).
Regarding Claim 60, the combination of Callender and Kazmi discloses the apparatus of claim 57, wherein Kazmi further discloses the instructions to transmit the UE capability are executable by the at least one processor to cause the UE to:
transmit the indication that the UE supports different measurement gap configurations for reference signal measurements associated with the one or more beam mobility or tracking procedures and for reference signal measurements associated with one or more radio resource management procedures (Kazmi: [0012], [0139-0143] – a UE capability is required for determining a frequency range (FR) for different measurement gap configurations with one or more measurements (including RSRP) associated with RRM.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the UE capabilities of Callender to include signaling configurations for L1-RSRP measurements for the reasons of reducing uncertainty in scheduling, reducing dropped transmissions, and reducing delays in the propagation system (Kazmi: [0081-0082]).
Regarding Claim 61, the combination of Callender and Kazmi discloses the apparatus of claim 60, wherein Callender further discloses the indication specifies that the different measurement gap configurations are applicable across a set of frequency ranges (Callender: [0060] – corresponds to different measurement gap patterns based on different frequency ranges.).
Regarding Claim 62, the combination of Callender and Kazmi discloses the apparatus of claim 57, wherein the instructions to transmit the UE capability are executable by the at least one processor to cause the UE to:
transmit the indication that the UE supports a measurement gap configuration for respective frequency ranges of a set of frequency ranges (Callender: [0055] – corresponds to transmitting measurement gap configurations based on a UE capability. Note: Since the base station is operable to transmit a measurement gap based on a UE capability, the Examiner notes the capability must include information for reference signal measurement in accordance with the gap configuration. [0060] – corresponds to different measurement gap patterns based on different frequency ranges.), wherein the measurement gap configuration applicable to both reference signal measurements associated with the one or more beam mobility or tracking procedures and reference signal measurements associated with one or more radio resource management procedures in the respective frequency range (Kazmi: [0012], [0139-0143] – a UE capability is required for determining a frequency range (FR) for different measurement gap configurations with one or more measurements (including RSRP) associated with RRM. Kazmi further discloses L1-RSRP in [0007] as part of a tracking procedure.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the UE capabilities of Callender to include signaling configurations for L1-RSRP measurements for the reasons of reducing uncertainty in scheduling, reducing dropped transmissions, and reducing delays in the propagation system (Kazmi: [0081-0082]).
Regarding Claim 63, the combination of Callender and Kazmi discloses the apparatus of claim 57, wherein the instructions to transmit the UE capability are executable by the at least one processor to cause the UE to:
transmit the indication that the UE supports different measurement gap configurations for reference signal measurements associated with the one or more beam mobility or tracking procedures and for reference signal measurements associated with one or more radio resource management procedures and in different frequency ranges of a set of frequency ranges (Kazmi: [0012], [0139-0143] – a UE capability is required for determining a frequency range (FR) for different measurement gap configurations with one or more measurements (including RSRP) associated with RRM.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the UE capabilities of Callender to include signaling configurations for L1-RSRP measurements for the reasons of reducing uncertainty in scheduling, reducing dropped transmissions, and reducing delays in the propagation system (Kazmi: [0081-0082]).
Regarding Claim 64, the combination of Callender and Kazmi discloses the apparatus of claim 57, wherein the instructions are further executable by the at least one processor to cause the UE to:
receive signaling identifying a second measurement gap configuration defining a second pattern of measurement occasions for reference signal measurements outside the active bandwidth part for the UE and associated with one or more radio resource management procedures (Callender: [0027-0031], [0056-0057], [0060], [0065-0070], [0149-0154] – UE receives a plurality of configurations from a base station via radio resource configuration (RRC), each of the configurations including a bandwidth part configuration, a measurement gap pattern configuration, and a rule/parameter for allowing a UE to map the BWP configuration to a measurement gap pattern configuration, and vice-versa, for the purpose of measuring channel state information reference (CSI-RS) and/or synchronization signal blocks (SSB), wherein the configuration may be for an active BW part, or a configuration for BW part other than an active BW part.); and
perform the reference signal measurements during a set of reference signal measurement occasions that is identified based at least in part on the first pattern of measurement occasions, the second pattern of measurement occasions, and a minimum gap separation threshold applicable between measurement occasions of the first pattern and measurement occasions of the second pattern (Callender: [0159-0165] – first and second measurement occasions, associated with first and second (measurement) configurations are “…aligned or have some minimum amount of overlap in time when the UE is capable of performing the first and the second measurements at the same time, in another example the first and the second measurement occasions are misaligned or separated in time by at least Delta time when the UE is not capable of performing the first and the second measurements at the same time”. This is indicative of a separation of the patterns to report a measurement. See also [0057], [0060], [0175] describing the requirements for gap measurement and “gapless” measurement comprising, in some configurations, a gap length and a gap offset. See also [0192-0193].).
Regarding Claim 65, the combination of Callender and Kazmi discloses the apparatus of claim 57, wherein the instructions to transmit the UE capability are executable by the at least one processor to cause the UE to:
transmit the indication that the UE supports measurement gap configurations differently for the one or more beam mobility or tracking procedures and for one or more radio resource management procedures (Kazmi: [0015-0018], [0131] – corresponds to performing measurements per a measurement occasion for a measurement gap pattern that include L1 period RSRP and SSB and CSI-RS, the former and the latter corresponding to RRM and mobility/tracking procedures, respectively.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the UE capabilities of Callender to include signaling configurations for L1-RSRP measurements for the reasons of reducing uncertainty in scheduling, reducing dropped transmissions, and reducing delays in the propagation system (Kazmi: [0081-0082]).
Regarding Claim 66, the combination of Callender and Kazmi discloses the apparatus of claim 57, wherein Callender further discloses reference signal measurements are performed on synchronization signal blocks, channel state information reference signals, or both (Callender: [0027-0031], [0056-0057], [0060], [0065-0070], [0149-0154] – UE receives a plurality of configurations from a base station via radio resource configuration (RRC), each of the configurations including a bandwidth part configuration, a measurement gap pattern configuration, and a rule/parameter for allowing a UE to map the BWP configuration to a measurement gap pattern configuration, and vice-versa, for the purpose of measuring channel state information reference (CSI-RS) and/or synchronization signal blocks (SSB), wherein the configuration may be for an active BW part, or a configuration for BW part other than an active BW part.).
15. Claim 48 is rejected under 35 U.S.C. 103 as being unpatentable over Callender in view of United States Patent Application Publication 2025/0227528 A1 to Li et al. (hereinafter “Li”).
Regarding Claim 48, Callender discloses the apparatus of claim 46, but does not expressly disclose select either the first measurement occasion or the second measurement occasion for performing the reference signal measurement in accordance with a first priority associated with the first pattern and a second priority associated with the second pattern.
However, these features are not considered new or novel in the presence of Li. Li is similarly concerned with configuring and using measurement gap patterns for wireless communications (Li: [0002]). Li discloses select either the first measurement occasion or the second measurement occasion for performing the reference signal measurement in accordance with a first priority associated with the first pattern and a second priority associated with the second pattern (Li: [0055-0059] – corresponds to applying one or more rules, including a priority rule, to a plurality of measurement gap patterns; see also [0095-0097] – the UE may be used to indicate a priority of the measurement gap pattern (i.e., selecting).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the measurement configuration of Callender in view of the measurement configuration of Li to assign a rule with a priority for the reasons of adjusting measurement occasions to reduce power consumption at a UE (Li: [0016]).
Allowable Subject Matter
16. Claims 216-217 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
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BENJAMIN H. ELLIOTT IV
Primary Examiner
Art Unit 2474
/BENJAMIN H ELLIOTT IV/Primary Examiner, Art Unit 2474 July 20, 2026
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