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 .
Response to Amendment
This action is in response to the Amendment filed on 9/9/2026.
Claims 1, 5-11, 14-19, and 21-26 are pending
Claims 21-26 are new.
In view of the amendments, the claims were re-considered and prior art was identified in an updated search. This action is made Non-Final.
Election/Restrictions
The amendment filed on 9/9/26 canceling all claims drawn to the elected invention and presenting only claims drawn to a non-elected invention is non-responsive (MPEP § 821.03). The remaining claims are not readable on the elected invention because they are directed towards a different embodiment of the invention.
Examiner notes that applicant has cancelled claims drawn to the elected invention by amending the previously presented claims such that the claims are now directed towards a different embodiment of the invention.
Original Claims 1-20 (filed 9/13/24) are directed towards a MDT measurement request system where location information is requested in a response and if location cannot be provided… skip transmission of the MDT report.
Newly presented Independent claim 19 (filed 9/9/26) is directed towards an MDT measurement request system where spatial orientation information is requested in a response and if it cannot be provided… skip transmission of the MDT report.
What was originally presented is an embodiment that uses Location information and the new claim 19 is a different embodiment using Spatial Orientation information. This would result in the examiner having to find different prior art and utilize different search strategies causing significant burden. The prior art on record would not read on spatial orientation. Originally filed Specification:
Par.16: “However, some features may not be universally supported, such as location information determination capabilities, e.g., a Global Positioning System (GPS) and/or Global Navigation Satellite System (GNSS) unit or the like, spatial orientation information determination capabilities (e.g., a gyroscope and compass, or the like)”.
Par.18 “For instance, base stations/cell sites may configure endpoint devices to send measurement reports (periodic or event triggered) with location information (and in some cases other data, such as spatial orientation information”
Claim 19, 21-23, and 26 are directed to a non-elected invention and are withdrawn from consideration.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 5, 7-15, 17-18, and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Hong (US 2025/0220483) in view of Cai (US 2014/0187235), Yi (US 2011/0269402), and Abinader (US 2016/0150434).
Regarding Claim 1, Hong teaches transmitting, by a processing system (Par.109 and Fig.4:402, network node) including at least one processor, at least a first minimization of drive tests radio access network performance measurement request to a first plurality of endpoint device in a cellular network (Fig.4, Abstract and Par.109, configuration is a request), wherein the at least the first minimization of drive tests radio access network performance measurement request includes a plurality of fields, wherein the plurality of fields includes: at least one instruction to collect at least one minimization of drive tests radio access network performance measurement (Par.109, configuration indicates performing measurement); an instruction to include a location information associated with a collection of the at least one minimization of drive tests radio access network performance measurement (Par.109, measure and store measurement only when location information available); and an instruction to skip a transmission of a minimization of drive tests radio access network performance measurement report (Par.109, indicate report only location information tagged MDT measurements, this is an instruction to skip without location) in accordance with the at least the first minimization of drive tests radio access network performance measurement request when a recipient endpoint device is not to include the location information (Par.5, Par.11, and Par.109, does not send report when there is no location information available at the UE, reads on “when a recipient endpoint is not to include the location information”); obtaining, by the processing system via the cellular network, at least a first minimization of drive tests radio access network performance measurement report from at least a first endpoint device (Fig.4:408 and Par.111, identifying measurement to be collected) of the first plurality of endpoint devices that is capable of including the location information associated with the collection of the at least one minimization of drive tests radio access network performance measurement (Fig.4, Par.11, Par.111); and storing, by the processing system, the at least the first minimization of drive tests radio access network performance measurement report that is obtained (Par.107). While Hong teaches that it is well known for a MDT measurement request to be sent to an endpoint (Fig.4 and Par.109, configuration is a request). The Hong reference repeatedly describes a network node sending MDT configuration messages to “UE” (user equipment). While Hong mentions a singular “UE,” in the context of MDT and 3GPP networks (Par.5), these messages are sent to multiple devices. The background and summary (Par.3, 5, 12, 13) indicates that MDT is performed by multiple devices and the practice is clear from the cited passages and standard operation of MDT. Hong does not explicitly teach the request sent to a first plurality of endpoint devices.
Cai teaches that it is well known to configure a plurality of mobile terminals to make measurements of the radio environment, construct a minimization of drive test report from the measurements; obtaining information related to the mobile terminals; and directing the mobile terminals to transmit the report (Par.5). Therefore, to one of ordinary skill in the art before the effective filing date of the invention, it would have been obvious to modify Hongs MDT system such that the configuration/request message is sent to plural devices as taught by Cai to provide an enhanced system where the reports from the plural devices are utilized to more quickly and accurately analyze network coverage in a service area to determine adjustments that can be made to improve the coverage. The combination of Hong and Cai do not expressly teach but Yi teaches determining, by the processing system, that an expected minimization of drive tests radio access network performance measurement report is not received from a second endpoint device of the first plurality of endpoint devices (Par.52, Par.56-57, device does not send a report sends a rejection); responsive to determining that the expected minimization of drive tests radio access network performance measurement report is not received from the second endpoint device (Par.52, Par.56-57), adding, by the processing system, the second endpoint device to a set of non-participating endpoint devices that do not participate in minimization of drive tests radio access network performance measurement reporting (Par.57 and Par.71). Excluded devices could obvious be in a non-participating set/list with one or more in view of the combination of references Hong, Cai (Par.5), and Yi. Especially with the plurality of devices in Cai which could have a more than one respond with a rejection as taught by Yi.
Therefore, to one of ordinary skill in the art before the effective filing date of the invention, it would have been obvious to modify Hong and Cai with Yi such that an enhanced system recognizes reports which are not received via rejections and can remove the endpoint(s) from a list for the next measurement, thereby making the system more efficient and enables power conservation at the devices. While Yi does teach transmission of second minimization drive test measurement request to another device based upon the set of non-participating endpoint devices (Par.57, 63, 64) and it would be obvious that the combination of references could sent measurement requests to a second plurality of endpoints. Hong, Cai, and Yi do not explicitly teach transmitting, by the processing system, a second minimization of drive tests radio access network performance measurement request to a second plurality of endpoint devices in the cellular network, wherein a selection of the second plurality of endpoint devices is based upon the set of non-participating endpoint devices.
Abinader teaches that it is well known to select a plurality of endpoint devices from a bigger pool of devices (Par.54 and Par.84, send first to a big group, then remove devices and send a second time to a smaller group). In combination with the teachings of Hong, Cai, and Yi, it is obvious that transmitting, by the processing system, a second minimization of drive tests radio access network performance measurement request to a second plurality of endpoint devices in the cellular network, wherein a selection of the second plurality of endpoint devices is based upon the set of non-participating endpoint devices is obvious. Therefore, to one of ordinary skill in the art before the effective filing date of the invention, it would have been obvious to modify Hong and Cai with Yi such that an enhanced system such that a the devices in the system can be targeted with MDT measurement requests such that the network and the devices can use resources in an efficient manner thereby saving power and providing enhanced wireless services.
Regarding Independent Claim 9, the rejection of Claim 1 addresses the majority of the limits of Claim 9 with some obvious wording variations. There are some differences. Claim 1 does not explicitly address transmitting, by the processing system, a second minimization of drive tests radio access network performance measurement request to the second plurality of endpoint devices; obtaining, by the processing system via the cellular network, a second minimization of drive tests radio access network performance measurement report from a third endpoint device of the second plurality of endpoint devices; and storing, by the processing system, the second minimization of drive tests radio access network performance measurement report.
However, these limitations are obviously addressed by the prior art since it is simply repeating what is already done in claim 1. The second list of devices excluding non-participating devices was addressed by the combination of Yi (Par.57, 63, 64 excluded devices and selecting next device for MDT considering (i.e. in reference to) the excluded devices) and Abinader (Par.54 selecting plural devices for MDT for power saving). The third endpoint device is one device from the second list which provides measurement results. Hong teaches storing of MDT measurements (Par.107).
Regarding Claim 5, Hong teaches determining by the processing system that the location information is desired for the at least one minimization of drive tests radio access network performance measurement (Par.58-61, reduce resource usage and Par.104, location info option is optional and TRUE indicate determination), wherein the instruction to skip the transmission of the minimization of drive tests radio access network performance measurement report is included in the first minimization of drive tests radio access network performance measurement request when it is determined that the location information is desired (Par.104 and Par.109).
Regarding Claim 7, Hong teaches the processing system comprises: a radio access network node (Par.104, 109, Fig.1).
Regarding Claim 8, Hong teaches the at least one radio access network performance measurement comprises at least one of: a reference signal received power; a reference signal received quality; an intra-cell interference measurement; or an inter-cell interference measurement (Par.10).
Regarding Claim 10, Hong further teaches the plurality of fields further includes: an instruction to skip a transmission of a minimization of drive tests radio access network performance measurement report in accordance with the at least the first minimization of drive tests radio access network performance measurement request when a recipient endpoint device is not to include the location information (Par.109, indicate report only location information tagged MDT measurements, this is an instruction to skip without location).
Regarding Claim 11, Hong further teaches the at least the first endpoint device is capable of including the location information associated with the collection of the at least one minimization of drive tests radio access network performance measurement and is configured to allow an inclusion of the location information in minimization of drive tests radio access network performance measurement reports (Fig.4, Par.5, Par.109, device with GNSS capable of providing location configured to send report with location information, only when location information available).
Regarding Claim 14, Hong teaches wherein the first minimization of drive tests radio access network performance measurement report comprises, for a fourth endpoint device, a minimization of drive tests radio access network performance measurement report that omits location information of the fourth endpoint device (Par.12 and 22, can send all measurement result regardless of location information, this would include ones that omit. Note: in view of Cai Par. 5, it is obvious that multiple devices (e.g. a fourth device) can respond without location information).
Regarding Claim 15, Yi teaches the well-known concept of a selecting devices to exclude based on a report related information (Yi: Par.57, 63, 64 excludes device from MDT candidate) and Hong emphasizes messages without location information is less valuable and wastes resources (Par.13, and Par.22). Therefore, to one of ordinary skill in the art before the effective filing date of the invention, it would have been obvious to modify the combined MDT system of Hong, Cai, Yi and Abinader with the device removal technique of Yi. In the proposed combination, the fourth endpoint device that does not include the requested location information could obviously be added to the set of nonparticipating endpoint devices maintained for subsequent MDT reporting or selection in order to provide more efficient utilization of network resources. The proposed modification would have predictably allowed the network to avoid repeatedly selecting endpoint devices that provide unusable or incomplete MDT reports and to select endpoint devices that have properly responded and provided useful MDT information. This would improve the efficiency of MDT collection and reduce the wasteful expenditure of radio, processing, and storage resources on reports lacking requested location information.
Regarding Claim 17, Yi teaches the processing system comprises: a radio access network node (Fig.7: BS).
Regarding Claim 18, Hong teaches the at least one radio access network performance measurement comprises at least one of: a reference signal received power; a reference signal received quality; an intra-cell interference measurement; or an inter-cell interference measurement (Par.10).
Regarding Claim 24, Hong teaches determining, by the processing system, whether the location information is included in the first minimization of drive tests radio access network performance measurement report (Par. 13, 22, and 61) and responsive to determining that the location information is not included in the first minimization of drive tests radio access network performance measurement report, omitting, by the processing system, the first minimization of drive tests radio access network performance measurement report from storage (Par.107, 109, gNobe B can be configured to collect/store the MDT measurement only when location information is available).
Regarding Claim 25, Hong teaches determining, by the processing system, whether the location information is included in the first minimization of drive tests radio access network performance measurement report (Par. 13, 22, and 61) and Hong it can be seen that that messages without location information can be transmitted and that information is less valuable and wastes resources (Par.13, and Par.22) and the network only reports valuable information (Par.61). Hong further teaches the gNodeB can store measurements only when it includes location information (Par.107, 109). Hong, however, does not expressly teach that, responsive to determining that the report does not include the location information, adding, by the processing system, the first endpoint device to the second set of non-participating endpoint devices.
Yi teaches the well-known concept of a BS selecting devices to exclude based on a report related information (Yi: Par.57, 63, 64 excludes device from MDT candidate) and as mentioned above, Hong emphasizes messages without location information is less valuable and wastes resources (Par.13, and Par.22). Therefore, to one of ordinary skill in the art before the effective filing date of the invention, it would have been obvious to modify the combined MDT system of Hong, Cai, Yi and Abinader with the device removal technique of Yi. In the proposed combination, when the processing system determines that an MDT report from a first endpoint device does not include the requested location information, the processing system could obviously add that endpoint device to the set of nonparticipating endpoint devices maintained for subsequent MDT reporting or selection in order to provide more efficient utilization of network resources. The proposed modification would have predictably allowed the network to avoid repeatedly selecting endpoint devices that provide unusable or incomplete MDT reports and to select endpoint devices that have properly responded and provided useful MDT information. This would improve the efficiency of MDT collection and reduce the wasteful expenditure of radio, processing, and storage resources on reports lacking requested location information.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hong (US 2025/0220483), Cai (US 2014/0187235), Yi (US 2011/0269402), and Abinader (US 2016/0150434) in further view of OFFICIAL NOTICE.
Regarding Claims 6 and 16, While Hong, Cai, Yi, and Abinader does teach that MDT measurements are collected and stored in an eNodeB, Hong and Cai do not expressly teach a trace collection entity deployed in the cellular network.
Examiner takes OFFICIAL NOTICE it is well known for a trace collection entity deployed in the cellular network to collect data from many eNodeBs. Therefore, to one of ordinary skill in the art before the effective filing date of the invention, it would have been obvious to modify the combination of Hong and Cai with the subject matter of the OFFICIAL NOTICE such that an enhanced system that can collect and manage a huge amount of data from a large number of eNodeBs in seamless and continuous fashion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WESLEY LEO KIM whose telephone number is (571)272-7867. The examiner can normally be reached 9-5:30 M-F.
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/WESLEY L KIM/Supervisory Patent Examiner, Art Unit 2648
