Prosecution Insights
Last updated: April 19, 2026
Application No. 17/917,190

MEASUREMENT METHOD AND APPARATUS, DEVICE, AND STORAGE MEDIUM

Non-Final OA §103
Filed
Oct 05, 2022
Examiner
SCIACCA, SCOTT M
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
ZTE CORPORATION
OA Round
5 (Non-Final)
78%
Grant Probability
Favorable
5-6
OA Rounds
3y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
497 granted / 640 resolved
+19.7% vs TC avg
Strong +24% interview lift
Without
With
+23.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
49 currently pending
Career history
689
Total Applications
across all art units

Statute-Specific Performance

§101
4.8%
-35.2% vs TC avg
§103
52.5%
+12.5% vs TC avg
§102
18.5%
-21.5% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 640 resolved cases

Office Action

§103
DETAILED ACTION This office action is responsive to communications filed on February 12, 2026. Claim 1 has been amended. New claim 31 has been added. Claims 1, 7, 9, 10, 30, and 31 are pending in the application. 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on February 12, 2026 has been entered. 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 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Tseng et al. (US 2020/0314868) in view of Fu et al. (CN 107809769 A, see attached translation). Regarding Claim 1, Tseng teaches a measurement method, applied to a first communication node, comprising: receiving a preset measurement condition configured by a second communication node (“The parameters can also include various timers used for evaluation for state transition (or switching), for example, between the first state and the second state. The timers can indicate certain fixed duration(s) (e.g., the period P3 is 1 hour, 24 hours) or relative periodicity (e.g., the relaxed period P2 is twice the normal period P1 where the scaling factor is 2)” – See [0055]; “One or more of the relaxation mode and the parameters can be signaled (e.g., via broadcasting) to the electronic device 110” – See [0056]; The UE receives measurement parameters (preset measurement condition) from the network); and enabling measurement on a neighbor cell corresponding to a serving cell where the first communication node is located according to the preset measurement condition, wherein the preset measurement condition comprises: satisfying a trigger condition for enabling intra-frequency measurement or inter-frequency measurement (“Referring to FIGS. 3-5, when the electronic device is in the first state or is switched from the second state to the first state, the normal level of RRM measurements can be performed for the one or more neighboring cells. When the electronic device is in the second state or is switched from the first state to the second state, the relaxed level of RRM measurements can be performed for the one or more neighboring cells, as described above. For example, the relaxed period P2 or the relaxed period P3 can be longer than the normal period P1. P2 or P3 can be equal to 2P1, 4P1, 16P1, or the like. In an example, no RRM measurements are performed for the one or more neighboring cells. In an example, intra-frequency RRM measurements with the relaxed period P2 can be performed for intra-frequency neighboring cell(s) while relaxed (e.g., with the relaxed period P3) or no inter-frequency (including inter-RAT) RRM measurements can be performed for inter-frequency (including inter-RAT) neighboring cell(s)” – See [0071]; “For the first subset (or intra-frequency neighboring cell(s)), the processing circuitry 150 can implement RRM measurements with the relaxed period P2. For the second subset (or inter-frequency neighboring cell(s)), the processing circuitry 150 can implement relaxed (e.g., RRM measurements with a relaxed period P3) or no RRM measurements. The relaxed period P3 can be written as P3=N×P1 where N is a scaling factor that is larger than 1. The scaling factor N can be identical to or larger than the scaling factor M. P3 can be identical to or different from the relaxed period P2. In an example, P3 is longer than P2. In an example, the at least one relaxed period includes P2 and P3” – See [0041]; When a time duration is greater than a relaxation period P2 or P3, a trigger condition for enabling intra-frequency or inter-frequency measurement is satisfied and the UE performs the intra- or inter-frequency neighbor cell measurements). Tseng does not explicitly teach that in the case where the trigger condition for enabling the intra-frequency measurement or the inter-frequency measurement is that a signal quality of the serving cell where the first communication node is located deteriorates, a method for determining the deterioration of the signal quality of the serving cell where the first communication node is located comprises at least one of: Radio Resource Control (RRC) receiving an out of sync indication reported by a physical layer; within a third preset time, a number of out of sync indications reported by the physical layer and received by the RRC being greater than or equal to a third preset threshold; a number of out of sync indications reported by the physical layer and continuously received by the RRC being greater than or equal to a fourth preset threshold; or a maximum number of repetitions of a Narrow Physical Downlink Control Channel (NPDCCH) being greater than or equal to a seventh preset threshold. However, Fu teaches that that in the case where the trigger condition for enabling the intra-frequency measurement or the inter-frequency measurement is that a signal quality of the serving cell where the first communication node is located deteriorates, a method for determining the deterioration of the signal quality of the serving cell where the first communication node is located comprises at least one of: Radio Resource Control (RRC) receiving an out of sync indication reported by a physical layer (“After receiving the N310 out-of-synchronization indications reported by the physical layer, the RRC layer of the terminal turns on the T310 timer” – See p. 2; “Wherein, when the T310 timer is started, the step of controlling the terminal to measure the neighboring cells of the serving cell includes: When the T310 timer starts, the control terminal performs the intra-frequency measurement on the intra-frequency neighboring cell of the serving cell; if the T310 timer is not stopped when the intra-frequency measurement is completed, the control terminal performs inter-frequency measurement on the inter-frequency neighboring cell of the serving cell” – See p. 3; In response to the RRC receiving an out-of-sync indication from the physical layer, the UE performs inter-frequency and intra-frequency measurements on the serving cell and neighboring cell). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tseng such that in the case where the trigger condition for enabling the intra-frequency measurement or the inter-frequency measurement is that a signal quality of the serving cell where the first communication node is located deteriorates, a method for determining the deterioration of the signal quality of the serving cell where the first communication node is located comprises at least one of: Radio Resource Control (RRC) receiving an out of sync indication reported by a physical layer. Motivation for doing so would be to enable the user equipment to perform measurements on the serving cell and neighboring cell before radio link failure occurs, so that service interruption is shortened (See Fu, pp. 2 and 8). Regarding Claim 30, Tseng in view of Fu teaches the method of Claim 1. Tseng further teaches a non-transitory storage medium storing a computer program, wherein the computer program, when executed by a processor, causes the processor to perform the measurement method of claim 1 (“the memory 140 includes RRM memory 142 that stores information (e.g., the mobility, the location, thresholds, periods, switching criteria described above) and instructions associated with switching between the first state and the second state, the relaxed RRM measurements, and software instructions to be executed by a processor, such as the processing circuitry 150” – See [0051]). Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tseng et al. (US 2020/0314868) in view of Fu et al. (CN 107809769 A, see attached translation) and further in view of Zheng et al. (US 2022/0110032). Regarding Claim 7, Tseng in view of Fu teaches the method of Claim 1. Tseng and Fu do not explicitly teach reporting uplink data carrying a neighbor cell measurement state indication to the second communication node, wherein the neighbor cell measurement state indication comprises at least one of: an indication of satisfying the intra-frequency measurement or the inter-frequency measurement; an indication of about to enable the intra-frequency measurement or the inter-frequency measurement; or an indication of a request for enabling the intra-frequency measurement or the inter-frequency measurement. However, Zheng teaches reporting uplink data carrying a neighbor cell measurement state indication to the second communication node, wherein the neighbor cell measurement state indication comprises an indication of a request for enabling the intra-frequency measurement or the inter-frequency measurement (“If the terminal device finds, through measurement, that quality of service of the serving cell on which the terminal device currently camps becomes poor, and that the quality of service reference value of the serving cell is less than the first threshold (which may also be referred to as an absolute threshold), the terminal device reports the event A2 to the network device, to request the network device to allocate the measurement gap and the neighboring cells” – See [0076]; “the network device allocates a measurement gap (gap) that is required for configuring cell measurement of an inter- frequency inter-system cell” – See [0149]; When the triggering conditions for performing inter-frequency measurement on the neighbor cell are satisfied, the UE transmits a measurement state indication comprising a request for a measurement gap which enables the UE to perform inter-frequency measurement). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tseng to include reporting uplink data carrying a neighbor cell measurement state indication to the second communication node, wherein the neighbor cell measurement state indication comprises an indication of a request for enabling the intra-frequency measurement or the inter-frequency measurement. Motivation for doing so would be to enable the network to configure/allocate a measurement gap for performing the measurements (See Zheng, [0076]). Regarding Claim 9, Tseng in view of Fu and Zheng teaches the method of Claim 7. Zheng further teaches after the uplink data carrying the neighbor cell measurement state indication is reported to the second communication node, the method further comprises: determining an enabling occasion of the inter-frequency measurement, wherein a method for determining the enabling occasion comprises one of: using a first preset occasion after the uplink data is successfully sent as the enabling occasion; using an occasion of successfully receiving feedback information of the second communication node as the enabling occasion; or using a second preset occasion carried in the uplink data as the enabling occasion (“performing the cell measurement on the neighboring cells in the measurement gap” – See [0076]; The allocated measurement gap period is determined as the occasion for enabling/performing the measurement). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Tseng et al. (US 2020/0314868) in view of Fu et al. (CN 107809769 A, see attached translation) and further in view of Liu et al. (US 2020/0137605). Regarding Claim 10, Tseng in view of Fu teaches the method of Claim 1. Tseng and Fu do not explicitly teach determining an inter-frequency measurement occasion, wherein the inter-frequency measurement occasion comprises an occasion when the first communication node does not transmit data to the second communication node, or an occasion when the first communication node does not receive data from the second communication node; wherein a method for determining the inter-frequency measurement occasion comprises one of: within a seventh preset time, a buffer of Radio Link Control (RLC) or MAC being empty; or a service delay being greater than or equal to a seventeenth preset threshold. However, Liu teaches determining an inter-frequency measurement occasion, wherein the inter-frequency measurement occasion comprises an occasion when the first communication node does not transmit data to the second communication node, or an occasion when the first communication node does not receive data from the second communication node, wherein a method for determining the inter-frequency measurement occasion comprises a service delay being greater than or equal to a seventeenth preset threshold (“When a service delay in the QoS information of the present service is greater than or equal to a second threshold, the network device determines a gap mode of which a gap period is a third period as the target measurement gap mode” – See [0027]; “In S270, the terminal device performs inter-frequency/inter-system measurement according to the target measurement gap mode determined in S260” – See [0122]; The UE is configured with a measurement gap during the inter-frequency measurement. During the measurement gap (sixth preset time), the UE does not transmit to or receive from the base station, and wherein the inter-frequency measurement occasion is determined based on a serving delay being greater than a threshold (seventeenth preset threshold)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tseng to include determining an inter-frequency measurement occasion, wherein the inter-frequency measurement occasion comprises an occasion when the first communication node does not transmit data to the second communication node, or an occasion when the first communication node does not receive data from the second communication node, wherein a method for determining the inter-frequency measurement occasion comprises a service delay being greater than or equal to a seventeenth preset threshold. Motivation for doing so would be to allow the UE to determine the desired measurement mode according to QoS information (See Liu, [0014]). Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Tseng et al. (US 2020/0314868) in view of Fu et al. (CN 107809769 A, see attached translation) and further in view of Deenoo et al. (US 2021/0168678). Regarding Claim 31, Tseng in view of Fu teaches the method of Claim 1. Tseng and Fu do not explicitly teach that the method for determining the deterioration of the signal quality of the serving cell where the first communication node is located further comprises at least one of: with a fourth preset time, a number of undetected Physical Downlink Control Channels (PDCCHs) being greater than or equal to a fifth preset threshold; a number of continuously undetected PDCCHs being greater than or equal to a sixth preset threshold; a maximum number of repetitions of a Narrow Physical Downlink Shared Channel (NPDSCH) being greater than or equal to an eighth preset threshold; or a retransmission rate of a Hybrid Automatic Repeat reQuest (HARQ) being greater than or equal to a ninth preset threshold. However, Deenoo teaches that the method for determining the deterioration of the signal quality of the serving cell where the first communication node is located further comprises a retransmission rate of a Hybrid Automatic Repeat reQuest (HARQ) being greater than or equal to a ninth preset threshold (“the WTRU may perform CHO if a trigger for RLF associated with any cause (e.g., indication of RLM problems, maximum number of HARQ retransmissions, RACH failure, etc.) occurs” – See [0100]; Radio link failure (deterioration of the signal quality) is detected when a number of HARQ retransmissions reaches a maximum number (ninth preset threshold)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tseng such that the method for determining the deterioration of the signal quality of the serving cell where the first communication node is located further comprises a retransmission rate of a Hybrid Automatic Repeat reQuest (HARQ) being greater than or equal to a ninth preset threshold since the number of HARQ retransmissions reaching a maximum limit is another known technique in the art for detecting radio link failure (See Deenoo, [0100]). Response to Arguments On pages 6-8 of the remarks, Applicant argues in substance that Tseng, Dalsgaard, Zheng, and Liu do not teach “wherein in the case where the trigger condition for enabling the intra-frequency measurement or the inter-frequency measurement is that a signal quality of the serving cell where the first communication node is located deteriorates, a method for determining the deterioration of the signal quality of the serving cell where the first communication node is located comprises at least one of: Radio Resource Control (RRC) receiving an out of sync indication reported by a physical layer; within a third preset time, a number of out of sync indications reported by the physical layer and received by the RRC being greater than or equal to a third preset threshold; a number of out of sync indications reported by the physical layer and continuously received by the RRC being greater than or equal to a fourth preset threshold; or a maximum number of repetitions of a Narrow Physical Downlink Control Channel (NPDCCH) being greater than or equal to a seventh preset threshold,” as recited in independent claim 1. Applicant’s arguments have been considered but are moot based on the new grounds of rejection. In response to the amended limitations, the Examiner relies upon the newly-cited Fu reference. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott M Sciacca whose telephone number is (571)270-1919. The examiner can normally be reached Monday thru Friday, 7:30 A.M. - 5:00 P.M. EST. 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, Joseph Avellino can be reached at (571) 272-3905. 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. /SCOTT M SCIACCA/ Primary Examiner, Art Unit 2478
Read full office action

Prosecution Timeline

Oct 05, 2022
Application Filed
Sep 28, 2024
Non-Final Rejection — §103
Dec 23, 2024
Response Filed
Apr 02, 2025
Final Rejection — §103
Jun 06, 2025
Request for Continued Examination
Jun 11, 2025
Response after Non-Final Action
Jun 13, 2025
Non-Final Rejection — §103
Sep 16, 2025
Response Filed
Dec 23, 2025
Final Rejection — §103
Feb 12, 2026
Request for Continued Examination
Feb 23, 2026
Response after Non-Final Action
Mar 06, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12592756
MEASUREMENT RESOURCE CONFIGURATION METHOD AND APPARATUS AND RELATED DEVICE
2y 5m to grant Granted Mar 31, 2026
Patent 12587337
DYNAMIC INDICATION OF TRACKING REFERENCE SIGNAL
2y 5m to grant Granted Mar 24, 2026
Patent 12549982
Cell Measurement Method and Communications Apparatus
2y 5m to grant Granted Feb 10, 2026
Patent 12538354
Enhanced Channel Access Mechanisms in Shared Radio Wireless Communication
2y 5m to grant Granted Jan 27, 2026
Patent 12537638
DATA TRANSMISSION IN A WIRELESS COMMUNICATION SYSTEM WITH REDUCED LATENCY
2y 5m to grant Granted Jan 27, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

5-6
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+23.9%)
3y 5m
Median Time to Grant
High
PTA Risk
Based on 640 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month