Prosecution Insights
Last updated: April 19, 2026
Application No. 17/928,823

Measurement Triggering Based on Data Traffic

Non-Final OA §102§103
Filed
Nov 30, 2022
Examiner
AJID, ABDELTIF
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
89%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
271 granted / 355 resolved
+18.3% vs TC avg
Moderate +13% lift
Without
With
+13.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
31 currently pending
Career history
386
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
59.5%
+19.5% vs TC avg
§102
27.1%
-12.9% vs TC avg
§112
6.3%
-33.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 355 resolved cases

Office Action

§102 §103
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 . Allowable Subject Matter Claims 53,56 and 64 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 and if the claim objections are addressed. 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. (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 46,48-49,54-55,57,59-60,63 and 65 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Deenoo (US 20220394583 A1). 1-45 are Canceled Regarding claim 46, Deenoo discloses a method for a user equipment (UE) to perform measurements in a wireless network based on conditions related to data traffic, the method comprising: receiving, from a network node of the wireless network, one or more conditional measurement configurations,( fi.3, and [0188] discloses The WTRU receives a message (e.g., a RRCReconfiguration or RRCConnectionReconfig message) from the MCG (e.g., a MN associated with the MCG) that includes or indicates an SCG configuration, an SCG reconfiguration, and/or a trigger condition for performing the SCG configuration or reconfiguration (e.g., the SCG configuration or reconfiguration may be conditional)each conditional measurement configuration including: a measurement configuration associated with one or more cells (claim 10 discloses wherein the condition for application of the conditional reconfiguration comprises a measurement condition for a candidate cell), and one or more measurement conditions that need to be fulfilled to apply the measurement configuration, including at least one first measurement condition related to one or more of the following: UE data traffic, and one or more UE applications ([para 0095]: “A trigger condition may be associated with a user plane status. A WTRU may be configured to apply an SCG configuration, for example, if a measurement-based condition and a user plane-based condition is satisfied. For example, the user plane condition may be satisfied if one or more of the following occur... The user plane condition may be satisfied if the buffer status for one or multiple bearers reaches a threshold (e.g., the threshold may correspond to a data split threshold, or may be derived from the data split threshold for multiple bearers)… The user plane condition may be satisfied if one or more conditions of a buffer status in relation to a time aspect are satisfied. For example, whether the user plane condition may be satisfied may be determined based on the amount of time over which a buffer status (e.g. for one or a subset of bearers exceeds a threshold (e.g. the trigger may be the amount of time a threshold is exceeded). The user plane condition may be satisfied if the amount of increase in the buffer status (e.g. over a unit of time) is larger than a threshold.”), monitoring for the measurement conditions included in the respective conditional measurement configurations ([para 0188]: “Responsive to receiving the message, the WTRU may store the SCG configuration or reconfiguration and may start monitoring the trigger condition included or indicated in the message.”); and based on detecting fulfillment of one or more measurement conditions included in a particular one of the conditional measurement configurations, applying the measurement configuration included in the particular conditional measurement configuration towards measurements of the associated one or more cells ([para 0188]: “The WTRU may apply the SCG configuration or reconfiguration in response to determining that the trigger condition is satisfied. For example, the WTRU may initial a RACH procedure to the candidate SCG.”). Regarding claim 57, Deenoo discloses a method for a network node, of a wireless network, to configure measurements by a user equipment (UE) based on conditions related to data traffic, the method comprising: transmitting, to the UE, one or more conditional measurement configurations, each conditional measurement configuration([para 0188]: “The WTRU may receive a message (e.g., a RRCReconfiguration or RRCConnectionReconfig message) from the MCG (e.g., a MN associated with the MCG) that includes or indicates an SCG configuration, an SCG reconfiguration, and/or a trigger condition for performing the SCG configuration or reconfiguration (e.g., the SCG configuration or reconfiguration may be conditional).”) including: a measurement configuration associated with one or more cells cells (claim 10 discloses wherein the condition for application of the conditional reconfiguration comprises a measurement condition for a candidate cell),, and one or more measurement conditions that need to be fulfilled for the UE to apply the measurement configuration, including at least one first measurement condition related to one or more of the following: UE data traffic, and one or more UE applications ([para 0095]: “A trigger condition may be associated with a user plane status. A WTRU may be configured to apply an SCG configuration, for example, if a measurement-based condition and a user plane-based condition is satisfied. For example, the user plane condition may be satisfied if one or more of the following occur... The user plane condition may be satisfied if the buffer status for one or multiple bearers reaches a threshold (e.g., the threshold may correspond to a data split threshold, or may be derived from the data split threshold for multiple bearers)… The user plane condition may be satisfied if one or more conditions of a buffer status in relation to a time aspect are satisfied. For example, whether the user plane condition may be satisfied may be determined based on the amount of time over which a buffer status (e.g. for one or a subset of bearers exceeds a threshold (e.g. the trigger may be the amount of time a threshold is exceeded). The user plane condition may be satisfied if the amount of increase in the buffer status (e.g. over a unit of time) is larger than a threshold”). Regarding claims 48 and 59, Deenoo discloses all the features of the claim 46 and 57, respectively. Deenoo further discloses wherein the one or more measurement conditions, included in each conditional measurement configuration, also include at least one second measurement condition related to measurements of the UE's serving cell ([para 0094]: “A WTRU may be configured with one or more trigger conditions for a secondary cell group configuration or reconfiguration. The WTRU may be configured to apply a reconfiguration associated with a secondary cell group if one or a combination of the trigger conditions described herein are satisfied. For example, the WTRU may be configured to apply a SCG reconfiguration if a measurement-based condition is satisfied. The measurement-based condition may correspond to cell quality measurement like RSRP, RSRQ, or SINR.”) Regarding claim 49, Deenoo discloses all the features of the claim 48, Deenoo further discloses wherein monitoring for the measurement conditions further comprises: performing signal measurements based on at least one measurement object associated with the conditional measurement configurations; and comparing the signal measurements to one or more second criteria associated with the respective second measurement conditions([para 0094]: “A WTRU may be configured with one or more trigger conditions for a secondary cell group configuration or reconfiguration. The WTRU may be configured to apply a reconfiguration associated with a secondary cell group if one or a combination of the trigger conditions described herein are satisfied. For example, the WTRU may be configured to apply a SCG reconfiguration if a measurement-based condition is satisfied. The measurement-based condition may correspond to cell quality measurement like RSRP, RSRQ, or SINR.”). and [0107] The WTRU may select the SCG that has the best PSCell or SCell based on channel state information (CSI) measurements. The WTRU may select the SCG that is configured with a dedicated RACH resource. The WTRU may select the SCG with the highest number of beams above a threshold. The WTRU may select the SCG with the highest number of SCells meeting a minimum RSRP, RSRQ, SINR, and/or CSI threshold. The WTRU may select the last active SCG. Regarding claims 50 and 60, Deenoo discloses all the features of the claim 48 and 59, respectively. Deenoo further discloses wherein the respective second measurement conditions include any of the following: measured signal level and/or quality for a serving cell, carrier, or radio access technology (RAT) is below a first measurement threshold; measured signal level and/or quality for the serving cell, carrier, or RAT is above a second measurement threshold; and measured signal level and/or quality for the serving cell, carrier, or RAT is between the first and second measurement thresholds ([para 0094]: “A WTRU may be configured with one or more trigger conditions for a secondary cell group configuration or reconfiguration. The WTRU may be configured to apply a reconfiguration associated with a secondary cell group if one or a combination of the trigger conditions described herein are satisfied. For example, the WTRU may be configured to apply a SCG reconfiguration if a measurement-based condition is satisfied. The measurement-based condition may correspond to cell quality measurement like RSRP, RSRQ, or SINR”). Regarding claim 51, Deenoo discloses all the features of the claim 48, Deenoo further discloses wherein one of the following applies: monitoring for a first measurement condition included in the particular conditional measurement configuration is initiated based on detecting fulfillment of a second measurement condition included in the particular conditional measurement configuration; or monitoring for a second measurement condition included in the particular conditional measurement configuration is initiated based on detecting fulfillment of a first measurement condition included in the particular conditional measurement configuration ([para 0094]: “The WTRU may be configured to apply a reconfiguration associated with a secondary cell group if one or a combination of the trigger conditions described herein are satisfied”). Regarding claims 54 and 63, Deenoo discloses all the features of the claims 46 and 57, respectively. Deenoo further discloses wherein applying the measurement configuration included in the particular conditional measurement configuration includes performing one or more of the following operations based on the measurement configuration: initiating measurements on one or more target cells; initiating reporting of measurements made on the one or more target cells; stopping or suspending ongoing measurements on the one or more target cells; stopping or suspending ongoing reporting of measurements made on the one or more target cells; releasing the measurement configuration [0078]A WTRU may trigger a conditional SCG reconfiguration as a result of executing a CHO. In examples, a WTRU may be configured to trigger a conditional SCG reconfiguration at or following a CHO. The conditional SCG reconfiguration may be triggered due to a lack of a linkage between a CHO target and the current PSCell or SCG configuration. In examples, a WTRU may be configured with an SCG configuration corresponding to a CHO candidate (e.g., a candidate master node). A WTRU may trigger a PSCell configuration based on the triggering of a CHO. The WTRU may be configured with a number of conditions (e.g., as described herein) on which to perform a SCG reconfiguration following a CHO. For example, if one or more of the conditions are met, the WTRU may perform a PSCell change to a linked configuration and if none of the conditions are met, the WTRU may release or suspend the SCG configuration, or maintain the current configuration. egarding claim 55, Deenoo discloses all the features of the claim 54. Deenoo further discloses wherein: at least one of the conditional measurement configurations includes a plurality of first measurement conditions; each first measurement condition is related to a different one of the operations; and monitoring for the measurement conditions comprises, after detecting fulfillment of a particular first measurement condition related to initiating measurements or reporting of measurements, monitoring for a further first measurement condition related to stopping or suspending ongoing measurements or ongoing reporting of measurements. [0079]-[008] A WTRU may trigger a CHO as a result of a conditional SCG reconfiguration. For example, a WTRU may be configured to trigger a CHO at or following a conditional PSCell change being triggered. One or more aspects of the examples described above (e.g., for performing a conditional SCG reconfiguration as a result of a CHO execution) may apply to performing a CHO as a result of a conditional SCG reconfiguration. For instance, the WTRU may be configured with a number of conditions (e.g., as described herein) on which to perform a CHO following an SCG reconfiguration. If one or more of the conditions are met, the WTRU may perform a CHO and if none of the conditions are met, the WTRU may release or suspend a CHO. the WTRU may suspend the SCG, release the SCG, activate a different SCG, or perform reconfiguration to a different SCG. egarding claim 65, Deenoo discloses all the features of the claim 46. Deenoo further discloses A user equipment (UE) configured to perform measurements in a wireless network based on conditions related to data traffic, the UE comprising: communication interface circuitry configured to communicate with a network node of the wireless network; and processing circuitry operatively coupled to the communication interface circuitry, whereby the processing circuitry and the communication interface circuitry are configured to perform operations corresponding to the method of claim 46. (fig. 1B and [0028]-[0037]discloses WTRU 102 includes a processor 118 (i.e. processing circuitry), a transceiver 120 (i.e. communication interface circuitry), a processor 118 is coupled to a transceiver 120), the processor 118 may access information from memory, wherein [0200]the methods described herein may be implemented in a computer program, software, or firmware incorporated in a computer-readable medium for execution by a computer or processor. Claim Rejections - 35 USC § 103 The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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. Claim 47 is rejected under 35 U.S.C. 103 as being unpatentable over Deenoo (US 20220394583 A1) in view of Deenoo2 (US 20200154326 A1). Regarding claim 47, Deenoo discloses all the features of claim 46. Deenoo does not explicitly disclose wherein: determining raw measurements of UE data traffic volume and applying a smoothing filter to the raw measurements to produce calculated UE data traffic volume; and monitoring for the measurement conditions comprises: comparing the calculated UE data traffic volume to one or more first criteria associated with the respective first measurement conditions; and determining that the calculated UE data traffic volume fulfills the one or more first criteria during at least a triggering delay (TTT). Deenoo2 discloses wherein: determining raw measurements of UE data traffic volume and applying a smoothing filter to the raw measurements to produce calculated UE data traffic volume; and monitoring for the measurement conditions comprises: comparing the calculated UE data traffic volume to one or more first criteria associated with the respective first measurement conditions; and determining that the calculated UE data traffic volume fulfills the one or more first criteria during at least a triggering delay (TTT)([para 0147]: “As illustrated in FIG. 5, a WTRU may be configured with a hysteresis, offsets, filtering, or the like, to smooth out short-term fluctuations in the measurement quantity. A WTRU may consider the trigger condition to be satisfied when the trigger condition stays true at least for a certain or preconfigured time, for example, a time to trigger”). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, having the teachings of Deenoo and Deenoo2, to modify the condition triggering as disclosed by Deenoo, to utilize smoothing and time to trigger disclosed by Deenoo2. The motivation for doing so is that it prevents unnecessary triggering, thus improving efficiency. Therefore, it would have been obvious to combine Deenoo with Deenoo2 to obtain the invention as specified in the instant claim. Claims 51 and 61 are rejected under 35 U.S.C. 103 as being unpatentable over Deenoo (US 20220394583 A1) in view of Bischoff (US 20120086573 A1). Regarding claims 51 and 61, Deenoo discloses all the features of claims 48 and 59, respectively. Deenoo does not explicitly disclose wherein one of the following applies: monitoring for a first measurement condition included in the particular conditional measurement configuration is initiated based on detecting fulfillment of a second measurement condition included in the particular conditional measurement configuration; or monitoring for a second measurement condition included in the particular conditional measurement configuration is initiated based on detecting fulfillment of a first measurement condition included in the particular conditional measurement configuration. However, Bischoff discloses wherein one of the following applies: monitoring for a first measurement condition included in the particular conditional measurement configuration is initiated based on detecting fulfillment of a second measurement condition included in the particular conditional measurement configuration; or monitoring for a second measurement condition included in the particular conditional measurement configuration is initiated based on detecting fulfillment of a first measurement condition included in the particular conditional measurement configuration ([para 0033]: “In various embodiments, a logic component can be designed such that a first condition is to be met before beginning to monitor a second condition.”) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, having the teachings of Deenoo and Bischoff, to modify the condition monitoring as disclosed by Deenoo, to have the second condition monitoring be triggered by the first as disclosed by Bischoff. The motivation for doing so is that it reduces unnecessary monitoring, thus improving efficiency. Therefore, it would have been obvious to combine Deenoo with Bischoff to obtain the invention as specified in the instant claim. Claims 52 and 62 are rejected under 35 U.S.C. 103 as being unpatentable over Deenoo (US 20220394583 A1) in view of Lovlekar (US 20210360495 A1). Regarding claims 52 and 62, Deenoo discloses all the features of claim 46and 57, respectivel. Deenoo does not explicitly disclose wherein the at least one first measurement condition includes one or more of the following: a particular UE application is activated; a particular UE application is deactivated; a particular UE application reaches a particular state; or a particular UE application triggers a particular event. However, Lovlekar discloses wherein the at least one first measurement condition includes one or more of the following: a particular UE application is activated; a particular UE application is deactivated; a particular UE application reaches a particular state; or a particular UE application triggers a particular event ([para 0007]: “According to the techniques described herein, it may be possible for a cellular base station to configure a wireless device with information supporting potential early conditional handover to multiple cells... Additionally or alternatively, such information could be based on information provided by the wireless device itself, such as if an expected destination and route of the wireless device can be determined from a mapping application in active use, from user input, from historical device use patterns, etc.”) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, having the teachings of Deenoo and Lovlekar, to modify the conditions as disclosed by Deenoo, to include being triggered by a UE application as disclosed by Lovlekar. The motivation for doing so is that it increases flexibility, thus allowing for improved efficiency. Therefore, it would have been obvious to combine Deenoo with Lovlekar to obtain the invention as specified in the instant claim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDELTIF AJID whose telephone number is (571)272-7749. The examiner can normally be reached 9 am -5 pm. 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. /ABDELTIF AJID/ Primary Examiner, Art Unit 2478
Read full office action

Prosecution Timeline

Nov 30, 2022
Application Filed
Jan 08, 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

1-2
Expected OA Rounds
76%
Grant Probability
89%
With Interview (+13.1%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 355 resolved cases by this examiner. Grant probability derived from career allow rate.

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