Ex Parte Kitazoe et al

Patent Trial and Appeal Board

Jun 20, 2016

12500996 (P.T.A.B. Jun. 20, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/500,996 07/10/2009
7590 06/20/2016
QUALCOMM Incorporated
Patent Department/Central Administration
5775 Morehouse Drive
San Diego, CA 92121-1714
FIRST NAMED INVENTOR
Masato Kitazoe
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
082014 3450
EXAMINER
HOPKINS, MATTHEW A
ART UNIT PAPER NUMBER
2463
MAILDATE DELIVERY MODE
06/20/2016 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte MASATO KIT AZOE,
NATHAN EDWARD TENNY, and ARNAUD MEYLAN
Appeal2014-001030
Application 12/500,996
Technology Center 2400
Before: CARLA M. KRIVAK, BRUCE R. WINSOR, and
IRVINE. BRANCH Administrative Patent Judges.
BRANCH, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134 from a rejection of claims 1-
46. We have jurisdiction under 35 U.S.C. § 6(b).
We affirm.
Appeal2014-001030
Application 12/500,996
CLAIMED SUBJECT MATTER
The claims are directed to a method and apparatus for handling
measurement gaps in wireless networks. Spec. ,-r 3. Claim 1, reproduced
below, is illustrative of the claimed subject matter:
1. A method for utilizing a measurement gap, comprising:
wirelessly communicating on a source carrier frequency;
receiving, by a receiver, an assignment for a measurement
gap on the source carrier frequency;
independent! y determining to remain tuned to the source
carrier frequency during at least a portion of the measurement
gap; and
selectively tuning the receiver between the source carrier
frequency and a target carrier frequency during the measurement
gap in accordance with the independent determination.
REFERENCES
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Petrovic
Grilli
Belaiche
US 2009/0274086 Al
US 2007/0097914 Al
US 2003/0189949 Al
REJECTIONS 1
Nov. 5, 2009
May 3, 2007
Oct. 9, 2003
Claims 1-8, 10-23, 25-32, 34--43, and 45--46 stand rejected under
35 U.S.C. § 103(a) as unpatentable over Petrovic and Grilli. Final Act. 2 6-
33.
Claims 9, 24, 33, and 44 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Petrovic, Grilli, and Belaiche. Final Act. 33-36.
1 The Examiner has withdrawn a rejection of claims 14 and 37 under U.S.C.
§ 101. Examiner's Answer ("Ans.") 2 (mailed September 23, 2013).
2 Final Office Action, mailed November 30, 2012.
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Appeal2014-001030
Application 12/500,996
OPINION
Appellants argue that the combination of Petrovic and Grilli does not
teach or suggest "independently determining to remain tuned to the source
carrier frequency during at least a portion of the measurement gap" and
"selectively tuning the receiver between the source carrier frequency and a
target carrier frequency during the measurement gap," as recited in
independent claims 1and13-16. App. Br. 3 10-13; Reply Br.4 2-6.
Appellants rely on similar arguments for independent claims 28 and 36-39.
App. Br. 16; Reply Br. 6-7. Appellants rely on these same arguments for
the dependent claims, adding only with respect to the rejection of claims 9,
24, 33, and 34 that Belaiche fails to remedy the shortcomings of Petrovic
and Grilli with respect to the independent claims. App. Br. 15-17; Reply Br.
5-7. Accordingly, this appeal turns on whether the combination of Petrovic
and Grilli teaches or suggests the argued limitations.
The Examiner finds that Petrovic discloses "determining to remain
tuned to the source carrier frequency during at least a portion of the
measurement gap" and "selectively tuning the receiver between the source
carrier frequency and a target carrier frequency during the measurement gap
in accordance with the independent determination." Final Act. 7-8 (citing
Petrovic i-fi-1204--206, 343-345, and 347-349). The Examiner finds that
"[w]hile Petrovic disclose the UE is assigned control of the UE's mobility
(allowed to pick which frequency, i-f347), Petrovic does not [explicitly]
disclose 'independently determining."' Id. 8. The Examiner cites Grilli for
3 Appeal Brief filed May 20, 2013.
4 Reply Brief filed October 23, 2013.
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Appeal2014-001030
Application 12/500,996
"independently determining to remain tuned to the source carrier frequency
during at least a portion of the measurement gap," finding that
At the time of the invention, it would [have been] obvious
for a person having ordinary skill in the art to incorporate the
teachings of "independently determining" as taught by Grilli in
the system of Petrovic in order to allow the UE to determine if
another base station, frequency, or technology will provide better
service than the existing base station.
Id. (citing Grilli i-fi-15, 51-53, and 55).
We are unpersuaded of error for the reasons stated by the Examiner.
Ans. 2-8. We note the following for emphasis.
We have reviewed Appellants' arguments against Petrovic (App. Br.
10-15; Reply Br. 2-7) and find them unpersuasive of error. Petrovic
discloses a "Compressed Mode," which is used to make measurements on
another frequency in user equipment that has only one receiver. Petrovic
i-fi-1205-206. We agree that Petrovic teaches or suggests "remain[ing] tuned
to the source carrier frequency during at least a portion of the measurement
gap" and "selectively tuning the receiver between the source carrier
frequency and a target carrier frequency during the measurement gap in
accordance with the independent determination," as the Examiner finds.
Ans. 2---6.
In particular, we are not persuaded that Appellants accurately
characterize the Examiner's position in stating that "the Examiner takes the
incorrect position that the inability to measure a second frequency is
equivalent to selecting to remain on a first frequency." Reply Br. 3. We do
not find Appellants to have otherwise persuasively rebutted the Examiner's
findings as to Petrovic. App. Br. 10-15; Reply Br. 2-7.
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Appeal2014-001030
Application 12/500,996
Appellants argue against the Examiner's citation of Grilli for
"independently determining" to remain tuned to the source carrier frequency
during at least a portion of the measurement gap by asserting that Grilli fails
to teach or suggest determining the time for start/stop of the measurements
during the measurement gap. App. Br. 13; Reply Br. 6. Appellants'
arguments against Grilli are unpersuasive because they are not
commensurate with the scope of the claims, which do not recite
"determining the time for start/stop of the measurements during the
measurement gap." Moreover, Appellants do not persuasively rebut the
Examiner's broad but reasonable construction of "independently
determining":
any UE that performs any programming code is independently
determining to perform a specific action to remain tuned to a
source frequency. This programming code may also include
receiving an instruction from a base station to remain tuned to a
specific frequency. Even after receiving the instruction, the UE
independently determines to follo\'l/ the instr11ction to determine
to remain tuned to the source frequency.
Ans. 6. Appellants have not persuasively demonstrated error in this claim
construction.
In view of the foregoing, we sustain the Examiner's decision to reject
independent claims 1 and 13-16 as obvious over Petrovic and Grilli.
Because Appellants argue the remaining rejections on similar grounds, we
also sustain the Examiner's decision to reject the remaining claims
accordingly.
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Appeal2014-001030
Application 12/500,996
DECISION
The Examiner's rejection of claims 1--46 is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(l )(iv).
AFFIRMED
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