Prosecution Insights
Last updated: April 19, 2026
Application No. 17/905,957

UL GAP TRIGGERING

Non-Final OA §102§103
Filed
Sep 09, 2022
Examiner
ZHU, BO HUI ALVIN
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
4 (Non-Final)
80%
Grant Probability
Favorable
4-5
OA Rounds
3y 3m
To Grant
96%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
627 granted / 780 resolved
+22.4% vs TC avg
Strong +16% interview lift
Without
With
+16.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
24 currently pending
Career history
804
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
29.4%
-10.6% vs TC avg
§112
17.7%
-22.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 780 resolved cases

Office Action

§102 §103
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 . Response to Amendment Applicant’s reply filed on 11/25/2025 has been entered. Claims 1, 3 and 5-19 are currently pending. 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, 9-11, 18, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by HE et al. (US 2022/0022057 A1, hereinafter “HE”). Regarding claim 1: HE discloses a processor of user equipment (UE) (e.g., Fig. 6, 602, Fig. 12, 1214) configured to perform operations comprising: generating for transmission to a network (Fig. 6, 604), UE assistance information (UAI) configured to indicate a UL gap activation request, wherein the UAI indicates a preference of the UE for a frequency range (FR2) uplink (UL) gap pattern (e.g., Fig. 6, 614-616, [0100], “the UE 402 may request that the parameter that sets the maximum number of carriers be set to a value indicating one carrier”, [0132], “the UE 602 may request to set the parameter 532 for a coverage level for transmission of UL signals on FR2 to zero.”); and receiving, from the network in response to the UAI, radio resource control (RRC) configuration information comprising an FR2 UL gap configuration (e.g. Fig. 6, 620, [0101], [0133]). Regarding claim 9: HE further discloses wherein the operations further comprise: transmitting, to the network, device UL gap capability information via an RRC signaling, wherein the UL gap capability information comprise one or more of: at least one UL gap supported by the UE for power management; configuration of the at least one UL gap supported by the UE for power management; or supportability of the mandatory gap for an inter-operability test (IOT) (e.g., [0099], [0100]). Regarding claim 10: HE further discloses wherein the operations further comprise: receiving, from the network, a UL gap configuration via an RRC signaling, wherein the UL gap configuration indicates a single UL gap pattern (e.g., [0100], [0101], [0132], [0133]). Regarding claim 11: HE further discloses wherein the operations further comprise: receiving, from the network, a UL gap configuration via an RRC signaling, wherein the UL gap configuration indicates one or more UL gap patterns (e.g., [0100], [0101], [0132], [0133]). Regarding claim 18: HE discloses a user equipment (UE) (e.g., Fig. 12, 1200), comprising: a transceiver (Fig. 12, 1210) configured to communicate with a network; and a processor (Fig. 12, 1214) communicatively coupled to the transceiver and configured to perform operations comprising: generating for transmission to a network, UE assistance information (UAI) configured to indicate a UL gap activation request, wherein the UAI indicates a preference of the UE for a frequency range (FR2) uplink (UL) gap pattern; and receiving, from the network in response to the UAI, radio resource control (RRC) configuration information comprising an FR2 UL gap configuration. (See rejection for similar features with respect to claim 1.) Regarding claim 19: HE discloses a processor of a base station (e.g., Fig. 15, 1514) configured to perform operations comprising: receiving UE assistance information (UAI) from a user equipment (UE) configured to indicate a UL gap activation request, wherein the UAI includes a preference of the UE for a frequency range 2 (FR2)uplink (UL) gap pattern; and generating, for transmission to the UE in response to the UAI, radio resource control (RRC) configuration information comprising an FR2 UL gap configuration. (See rejection for similar features with respect to claim 1.) Claims 3 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over HE in view of Yang et al. (US 2022/0014955 A1), hereinafter “Yang”. Regarding claim 3: HE does not disclose generating for transmission to the network, further UAI comprising an UL gap deactivation request. Yang teaches generating an UL gap deactivation request (e.g., [0059], [0072], [0080], Fig. 5, Third message). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention modify the system of HE in view of the teaching by Yang to include the feature that generating for transmission to the network, further UAI comprising an UL gap deactivation request, in order to enable flexible uplink gap configuration by the UE. Regarding claim 5: HE further discloses the processor of claim 3, wherein the operations further comprise one or more of: receiving a UL gap activation command from the network via a radio resource control (RRC) signaling; or receiving a UL gap deactivation command from the network via another RRC signaling (e.g., Fig. 6, 620). Regarding claim 6: HE does not disclose wherein the operations further comprise one or more of: receiving a UL gap activation command from the network via a MAC CE; or receiving a UL gap deactivation command from the network via another MAC CE. Yang teaches receiving a UL gap activation command from the network via a MAC CE; or receiving a UL gap deactivation command from the network via another MAC CE (e.g., [0067], [0074], [0079]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention modify the system of HE in view of the teaching by Yang to include the feature wherein the operations further comprise one or more of: receiving a UL gap activation command from the network via a MAC CE; or receiving a UL gap deactivation command from the network via another MAC CE, in order to enable flexible uplink gap configuration by the UE. Regarding claim 7: HE further discloses the processor of claim 5, wherein the FR2 UL gap configuration indicates a single UL gap is configured (e.g. [0100], the UE 402 may request that the parameter that sets the maximum number of carriers be set to a value indicating one carrier, [0132], a coverage level for transmission of UL signals on FR2). Regarding claim 8: HE further discloses the processor of claim 6, wherein the FR2 UL gap configuration indicates one or more UL gaps are configured (e.g., [0100], [0132]). Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over HE in view of Luo et al. (US 2024/0007973 A1), hereinafter “Luo”. Regarding claim 12: HE does not disclose: performing an event evaluation for UL gap activation based on an event configuration, wherein the event configuration includes at least one trigger condition based on a value of a power management Maximum Power Reduction (P-MPR) field indicating whether power management Maximum Power Reduction (P-MPR) is applied; and transmitting, to the network, device an event triggered UL gap activation request in response to the at least one trigger condition being met. Luo teaches performing an event evaluation for UL gap activation based on an event configuration, wherein the event configuration includes at least one trigger condition based on a value of a power management Maximum Power Reduction (P-MPR) field indicating whether power management Maximum Power Reduction (P-MPR) is applied; and transmitting, to the network, device an event triggered UL gap activation request in response to the at least one trigger condition being met. (e.g., [0088], “Assuming that the power reduction value P-MPR is 6 dB, which exceeds the threshold (for example, 3 dB) pre-specified by the network, the terminal triggers the MPE report… indicating that the absolute value of the actually used P-MPR is 6 dB…indicating that the beam 1 on panel-ID1 is used as a candidate beam without power reduction for subsequent uplink transmission.”) It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention modify the system of HE in view of the teaching by Luo to include the features performing an event evaluation for UL gap activation based on an event configuration, wherein the event configuration includes at least one trigger condition based on a value of a power management Maximum Power Reduction (P-MPR) field indicating whether power management Maximum Power Reduction (P-MPR) is applied; and transmitting, to the network, device an event triggered UL gap activation request in response to the at least one trigger condition being met, in order to prevent uplink transmission failure when transmission power reduction is required. Regarding claim 13: HE does not disclose wherein the trigger condition includes the value of the P-MPR field being equal to 1. Luo teaches a trigger condition includes the value of the P-MPR field being equal to 1 (e.g., [0088], the MPE field is set to 01 (2 bits)). It would have been obvious to one ordinary skill in the art before the effective filing date of the invention modify the system of HE in view of the teaching by Luo to include the feature wherein the trigger condition includes the value of the P-MPR field being equal to 1, in order to prevent uplink transmission failure when transmission power reduction is required. Regarding claim 14: HE does not disclose wherein the trigger condition includes the value of the P-MPR field being greater than 0. Luo teaches a trigger condition includes the value of the P-MPR field being greater than 0 (e.g., [0088], the MPE field is set to 01 (2 bits)). It would have been obvious to one ordinary skill in the art before the effective filing date of the invention modify the system of HE in view of the teaching by Luo to include the feature the trigger condition includes the value of the P-MPR field being greater than 0, in order to prevent uplink transmission failure when transmission power reduction is required. Allowable Subject Matter Claims 15-17 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. Response to Arguments Rejection under 35 U.S.C. 102/103 Applicant’s arguments with respect to claim 1 over Oguma have been considered but are moot in view of a new ground of rejection based on a newly cited reference. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alvin ZHU whose telephone number is (571)270-1086. The examiner can normally be reached Mon-Fri 6am-9am and 2pm-7pm. 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, Gary Mui can be reached at 571-270-1420. 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. /BO HUI A ZHU/Primary Examiner, Art Unit 2465
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Prosecution Timeline

Sep 09, 2022
Application Filed
Nov 16, 2024
Non-Final Rejection — §102, §103
Feb 21, 2025
Response Filed
Apr 05, 2025
Final Rejection — §102, §103
Jul 10, 2025
Request for Continued Examination
Jul 14, 2025
Response after Non-Final Action
Aug 27, 2025
Non-Final Rejection — §102, §103
Nov 25, 2025
Response Filed
Feb 11, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
80%
Grant Probability
96%
With Interview (+16.1%)
3y 3m
Median Time to Grant
High
PTA Risk
Based on 780 resolved cases by this examiner. Grant probability derived from career allow rate.

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