Prosecution Insights
Last updated: October 27, 2026
Application No. 18/242,530

METHOD AND DEVICE FOR WIRELESS COMMUNICATION

Non-Final OA §103
Filed
Sep 06, 2023
Priority
Sep 09, 2022 — CN 202211103367.7
Examiner
LEMA LEMOS, LUIS GUILLERMO
Art Unit
2419
Tech Center
2400 — Computer Networks
Assignee
Apogee 5G Global LLC
OA Round
3 (Non-Final)
60%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
3 granted / 5 resolved
+2.0% vs TC avg
Strong +50% interview lift
Without
With
+50.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
31 currently pending
Career history
54
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
66.9%
+26.9% vs TC avg
§102
21.4%
-18.6% vs TC avg
§112
9.1%
-30.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 5 resolved cases

Office Action

§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 . This Office Action is in response to communication filed on 06/03/2026. Claims 1-20 are pending and rejected. Claims 1, 3-20 are amended. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/03/2026 has been entered. Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-4, 7-10, 16-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Si et al. (WO 2021197378 A1, Publication 10/07/2021) (hereinafter “Si”) in view of Tenny (US 20190124533 A) (hereinafter “Tenny”) and further in view of Li et al (US 20250227528 A1) (hereinafter “Li”). Regarding claim 1, Si discloses a user equipment (UE) for wireless communications (see Fig. 5 (50)), the UE comprising: a transceiver (see Fig. 5 (510), para. [0398] discloses description of radio frequency unit 510, including a transceiver); and a processor (see Fig. 5 (511) para. [0398] discloses terminal with processor 511), wherein the transceiver and the processor are configured to: receive a signaling comprising a first measurement gap configuration indicating a first candidate measurement gap set (see Fig. 2, para. [0010];[0015];[0056];[0128], discloses measurement gap configuration information includes at least one first gap measurement configuration information and a second measurement gap configuration information), wherein first candidate measurement gap set comprises a plurality of measurement gaps (see Fig. 2, para. [0010];[0015];[0056];[0128], discloses measurement gap configuration information includes at least one fist gap measurement configuration information and a second measurement gap configuration information), and wherein any transmission or reception for a serving cell on the first frequency set within the first measurement gap set other than radio resource management (RRM) measurement and Positioning Reference Signal (PRS) measurement is ignored (see para. [0180] discloses if measurement gap corresponding to configuration information is per frequency range measurement gap, the UE does not need to perform RX/TX except the reception of signals for RRM, signals for random access procedure and signals for positioning measurement). Si fails to disclose but Tenny teaches wherein each measurement gap of the plurality of measurement gaps is associated with a frequency set (see Fig. 9 (Carrier Frequency 2 and Carrier Frequency 3 are part of Timing Group A (measurement gap set), see para. [0054] discloses measurement gap pattern for a grouping of frequencies. Timing groups are established for frequencies, carrier frequency 2 and carrier frequency 3 are grouped in timing group A), select , a set of measurement gaps from the first candidate measurement gap set as a first measurement gap set associated with a first frequency set (see Fig. 12 (1200, 1102- indication that the measurement gap pattern information is associated with the first target frequency), wherein any two measurement gaps in the first measurement gap set are orthogonal and non- consecutive in time domain (see para. [0054];[0055] discloses timing group are stablished for frequencies that utilize signals that overlap in time and can be measure in a shared measurement gap pattern; timing groups can be established for target frequencies with reference signal configuration that are closely enough aligned, the tolerance of the alignment is a network implementation choice. The measurement gap patterns and the choice of parameters (such as length and periodicity of measurement gaps) can be tailored to different conditions). Si and Tenny are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include measurement gap as described by Tenny. The motivation to combine both references would come from improving measurements for mobility. Tenny fails to disclose but Li teaches wherein any two time intervals between any two time-domain adjacent measurement gaps in the first measurement gap set are unequal, and wherein the plurality of measurement gaps in the first measurement gap set do not conflict with a time window set in the first candidate measurement gap set (see Fig. 3 (different of overlapped conditions, para. [0075]-[0087];[0091];[0095] concurrent gap pattern (C-MGP) includes two measurement gap patterns MGP1,MGP2; group of measurement gaps are a measurement gap set; measurement gaps grouped in a set based on conditions of times). Tenny and Li are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Tenny to include measurement gap as described by Li. The motivation to combine both references would come from improving measurement for mobility and potentially reduce power consumption. Regarding claim 2, Si discloses a UE according (see Fig. 5 (50)), wherein the first measurement gap configuration indicates the plurality of measurement gaps comprised by the first measurement gap set within a configuration period, and wherein each measurement gap comprised in the first measurement gap set has a same position in each configuration period (see para. [0062];[0066];[0107] discloses the first measurement gap configuration information includes interval repetition; they may further include a gap offset and a gap timing advance (gap TA); gap offset denotes the offset of the gap). Regarding claim 3, Si discloses a UE according (see Fig. 5 (50)). Si does not clearly disclose but Li teaches, wherein the time window set comprises at least one time window (see para. [0002] discloses measurement gap pattern characterized by several parameters, MGL can be 1.5, 3, 3.5, 4, 5.5 or 6 ms, and MGRP can be 20, 40, 80 or 160 ms.), and wherein any time window in the time window set comprises at least one slot (see para. [0002] discloses measurement gap pattern characterized by several parameters, MGL can be 1.5, 3, 3.5, 4, 5.5 or 6 ms, and MGRP can be 20, 40, 80 or 160 ms.). Si and Li are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the slot as described by Li. The motivation to combine both references would come from improving measurements for mobility and potentially reducing power consumption. Regarding claim 4, Si discloses a UE according (see Fig. 5 (50). Si fails to disclose but Li teaches, wherein the first measurement gap set comprises a second measurement gap (see Fig. 5 (MGP set 1 , MGP set 2, MGP#1, MGP#2, MGP#3, MGP#4)), the second measurement gap not belonging to the first candidate measurement gap set (see Fig. 5 (MGP #4 doesn’t belong to MGP set 1) , and wherein the second measurement gap does not conflict with the time window set in time domain (see Fig. 5 (MGP #4 doesn’t belong to conflict), a first measurement gap being used to determine the second measurement gap (see para. [0118];[0119] a gap scaling indication can support multiple MGP sets; MG set can be grouped based on gap usage indicated by network), and wherein the first measurement gap belongs to the first candidate measurement gap set but does not belong to the first measurement gap set (see para. [0118];[0119] a gap scaling indication can support multiple MGP sets; MG set can be grouped based on gap usage indicated). Si and Li are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the slot as described by Li. The motivation to combine both references would come from improving measurements for mobility and potentially reducing power consumption. Regarding claim 7, Si discloses a UE according (see Fig. 5 (50)), wherein the signaling comprises a Discontinuous Reception (DRX) parameter set, the DRX parameter set being for a first cell group and unrelated to broadcast, multicast, or sidelink communications (see para. [0481] discloses DRX cycle composed of “On Duration” and “Opportunity for DRX”, “On Duration”), and wherein the DRX parameter set comprises a configuration parameter of a DRX timer (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period); In an "Opportunity for DRX" time, the UE does not receive data of a downlink channel to save power consumption (that is, a DRX inactive time, or may be referred to as a dormancy period), and wherein running of the (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period)). Regarding claim 8, Si discloses a UE (see Fig. 5 (50)), wherein the signaling comprises a Discontinuous Reception (DRX) parameter set, the DRX parameter set being for a first cell group and unrelated to broadcast, multicast, or sidelink communications (see para. [0510]-[0519] discloses DRX configuration includes at least one of the following, DRX cycle, DRX duration timer, DRX inactivity timer, DRX DL retransmission timer, DRX UL retransmission timer, DRX start offset timer, etc.), and wherein the DRX parameter set comprises a configuration parameter of a DRX timer (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period); In an "Opportunity for DRX" time, the UE does not receive data of a downlink channel to save power consumption (that is, a DRX inactive time, or may be referred to as a dormancy period), and wherein running of the DRX timer is used to determine the first measurement gap set (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period). Regarding claim 9, Si discloses a UE (see Fig. 5 (50)), wherein the signaling comprises a Discontinuous Reception (DRX) parameter set, the DRX parameter set being for a first cell group and unrelated to broadcast, multicast, or sidelink communications (see para. [0481] discloses DRX cycle composed of “On Duration” and “Opportunity for DRX”, “On Duration”), and wherein the DRX parameter set comprises a configuration parameter of a DRX timer (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period); In an "Opportunity for DRX" time, the UE does not receive data of a downlink channel to save power consumption (that is, a DRX inactive time, or may be referred to as a dormancy period), and wherein running of the DRX timer is used to determine the first measurement gap set(see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period). Regarding claim 10, Si discloses a UE (see Fig. 5 (50)), wherein the signaling comprises a Discontinuous Reception (DRX) parameter set, the DRX parameter set being for a first cell group and unrelated to broadcast, multicast, or sidelink communications (see para. [0481] discloses DRX cycle composed of “On Duration” and “Opportunity for DRX”, “On Duration”), and wherein the DRX parameter set comprises a configuration parameter of a DRX timer, and wherein running of the DRX timer is used to determine the first measurement gap set (see para. [0481] discloses in the time of "On Duration", the UE monitors and receives a physical downlink control channel (PDCCH) (that is, a DRX active time, or may be referred to as an activation period)). Regarding claim 16, Si discloses a UE (see Fig. 5 (50)). Si fails to disclose but Li teaches wherein on a condition that the signaling indicates that the UE shall ignore measurement gaps on the(see para. [0051];[0071] discloses MG scaling factor ,MSF, UE used MSF for not using gaps for certain time period; UE may adapt the operation of one or more signals with respect to the gap scaling solution which may indicate measurements may or may not be performed in each MG)., and wherein when the signaling does not indicate that the UE shall ignore measurement gaps on the time window set, the first measurement gap set is identical to the first candidate measurement gap set (see para. [0051];[0071] discloses MG scaling factor ,MSF, UE used MSF for not using gaps for certain time period; UE may adapt the operation of one or more signals with respect to the gap scaling solution which may indicate measurements may or may not be performed in each MG). Si and Li are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include measurement gap as described by Li. The motivation to combine both references would come from improving measurements for mobility. Regarding claim 17, Si discloses a UE (see Fig. 5 (50)). Si fails to disclose but Li teaches wherein the signaling indicates one or more measurement gaps that can be deactivated or ignored in the first candidate measurement gap set (see para. [0051];[0071] discloses MG scaling factor ,MSF, UE used MSF for not using gaps for certain time period; UE may adapt the operation of one or more signals with respect to the gap scaling solution which may indicate measurements may or may not be performed in each MG). Si and Li are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include measurement gap as described by Li. The motivation to combine both references would come from improving measurements for mobility. Regarding claim 19, Si discloses a base station (BS) for wireless communications (see para. [0028] discloses apparatus at a base station), the BS comprising: a transceiver (see Fig. 12 (Transceiver), para. [0067];[0259] discloses base station may include or refer as transceiver station; example of device or base station including components for transmitting and receiving, transceiver); and a processor (see para. [0028] discloses apparatus at a base station, includes memory coupled to a processor), wherein the transceiver and the processor are configured to: transmit a signaling, the signaling comprising a first measurement gap configuration indicating a first candidate measurement gap set (see Fig. 2, para. [0010];[0015];[0056];[0128], discloses measurement gap configuration information includes at least one first gap measurement configuration information and a second measurement gap configuration information), wherein the first measurement gap configuration comprises a plurality of measurement gaps (see Fig. 2, para. [0010];[0015];[0056];[0128], discloses measurement gap configuration information includes at least one fist gap measurement configuration information and a second measurement gap configuration information), and wherein any transmission or reception of a receiver of the a first frequency set within the first measurement gap set other than RRM measurement and PRS measurement is ignored (see para. [0180] discloses if measurement gap corresponding to configuration information is per frequency range measurement gap, the UE does not need to perform RX/TX except the reception of signals for RRM, signals for random access procedure and signals for positioning measurement). Si fails to disclose but Tenny teaches wherein each measurement gap of the plurality of measurement gaps is associated with a frequency set (see Fig. 9 (Carrier Frequency 2 and Carrier Frequency 3 are part of Timing Group A (measurement gap set), see para. [0054] discloses measurement gap pattern for a grouping of frequencies. Timing groups are established for frequencies, carrier frequency 2 and carrier frequency 3 are grouped in timing group A), and wherein the first measurement gap configuration is used to determine a first measurement gap set (see Fig. 12 (1200, 1102- indication that the measurement gap pattern information is associated with the first target frequency). Si and Tenny are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include measurement gap as described by Tenny. The motivation to combine both references would come from improving measurements for mobility. Tenny does not clearly disclose but Li teaches wherein the first measurement gap set comprises at least two measurement gaps (see Fig. 3 (different of overlapped conditions, para. [0075]-[0087];[0091];[0095] concurrent gap pattern (C-MGP) includes two measurement gap patterns MGP1,MGP2; group of measurement gaps are a measurement gap set; measurement gaps grouped in a set based on conditions of times), and wherein the plurality of measurement gaps in the first measurement gap set do not conflict with a time window set in the first candidate measurement gap set (see Fig. 3 (different of overlapped conditions, para. [0075]-[0087];[0091];[0095] concurrent gap pattern (C-MGP) includes two measurement gap patterns MGP1,MGP2; group of measurement gaps are a measurement gap set; measurement gaps grouped in a set based on conditions of times). Tenny and Li are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Tenny to include measurement gap as described by Li. The motivation to combine both references would come from improving measurements for mobility and potentially reducing power consumption. Regarding claim 20, Si discloses a method in a user equipment (UE) for wireless communications (see para. [0006],[0011,[0016]] discloses method), the method comprising: receiving a signaling comprising a first measurement gap configuration indicating a first candidate measurement gap set (see Fig. 2, para. [0010];[0015];[0056];[0128], discloses measurement gap configuration information includes at least one first gap measurement configuration information and a second measurement gap configuration information), wherein the first candidate measurement gap set comprises a plurality of measurement gaps (see Fig. 2, para. [0010];[0015];[0056];[0128], discloses measurement gap configuration information includes at least one fist gap measurement configuration information and a second measurement gap configuration information),, and wherein any transmission or reception for a serving cell on the first frequency set within the first measurement gap set other than radio resource management (RRM) measurement and Positioning Reference Signal (PRS) measurement is ignored (see para. [0180] discloses if measurement gap corresponding to configuration information is per frequency range measurement gap, the UE does not need to perform RX/TX except the reception of signals for RRM, signals for random access procedure and signals for positioning measurement). Si fails to disclose but Tenny teaches wherein each measurement gap of the plurality of measurement gaps is associated with a frequency set (see Fig. 9 (Carrier Frequency 2 and Carrier Frequency 3 are part of Timing Group A (measurement gap set), see para. [0054] discloses measurement gap pattern for a grouping of frequencies. Timing groups are established for frequencies, carrier frequency 2 and carrier frequency 3 are grouped in timing group A); and selecting, based on the first measurement gap configuration, a set of measurement gaps from first candidate measurement gap set as a first measurement gap set associated with a first frequency set (see Fig. 12 (1200, 1102- indication that the measurement gap pattern information is associated with the first target frequency); wherein any two measurement gaps in the first measurement gap set are orthogonal and non-consecutive in time domain (see para. [0054];[0055] discloses timing group are stablished for frequencies that utilize signals that overlap in time and can be measure in a shared measurement gap pattern; timing groups can be established for target frequencies with reference signal configuration that are closely enough aligned, the tolerance of the alignment is a network implementation choice. The measurement gap patterns and the choice of parameters (such as length and periodicity of measurement gaps) can be tailored to different conditions). Si and Tenny are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include measurement gap as described by Tenny. The motivation to combine both references would come from improving measurements for mobility. Tenny fails to disclose but Li teaches any two time intervals between any two time-domain adjacent measurement gaps are unequal (see Fig. 3 (different of overlapped conditions, para. [0075]-[0087];[0091];[0095] concurrent gap pattern (C-MGP) includes two measurement gap patterns MGP1,MGP2; group of measurement gaps are a measurement gap set; measurement gaps grouped in a set based on conditions of times),; and wherein the plurality of measurement gaps in the first measurement gap set do not conflict with a time window set in the first candidate measurement gap set (see Fig. 3 (different of overlapped conditions, para. [0075]-[0087];[0091];[0095] concurrent gap pattern (C-MGP) includes two measurement gap patterns MGP1,MGP2; group of measurement gaps are a measurement gap set; measurement gaps grouped in a set based on conditions of times). Tenny and Li are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Tenny to include measurement gap as described by Li. The motivation to combine both references would come from improving measurements for mobility and potentially reducing power consumption. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Si et al. (WO 2021197378 A1, Publication 10/07/2021) (hereinafter “Si”) in view of Tenny (US 20190124533 A) (hereinafter “Tenny”) and further in view of Li et al (US 20250227528 A1) (hereinafter “Li”) as applied to claim 1 above and further in view of Cabrera Mercader (US 20240129904 A1) (hereinafter “Cabrera Mercader”). Regarding claim 5, Si discloses a UE according (see Fig. 5 (50), wherein the signaling is indicative of a second measurement gap configuration (see para. [0018] discloses measurement gap configuration information includes first measurement gap configuration and second measurement gap configuration), and wherein the second measurement gap configuration is indicative of a second candidate measurement gap set (see para. [0018] discloses measurement gap configuration information includes first measurement gap configuration and second measurement gap configuration), and wherein the second measurement gap belongs to the second candidate measurement gap set (see para. [0018] discloses measurement gap configuration information includes first measurement gap configuration and second measurement gap configuration). Si does not clearly disclose but Cabrera Mercader teaches, wherein a plurality of second measurement gaps in the second candidate measurement gap set are activated only when the plurality of measurement gaps in the first candidate measurement gap set conflict with the time window set in time domain (see para [0022] discloses operations, features, means or instructions for assigning the overlap (conflict) portion to the first measurement gap occasion or the second measurement gap occasion based on a criterion). Si and Cabrera Mercader are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus and measurement gaps. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include measurement gap as described by Cabrera Mercader. The motivation to combine both references would come from improving measurements for mobility and probably latency. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Si et al. (WO 2021197378 A1, Publication 10/07/2021) (hereinafter “Si”) in view of Tenny (US 20190124533 A) (hereinafter “Tenny”) and further in view of Li et al (US 20250227528 A1) (hereinafter “Li”) as applied to claim 1 above and further in view of Kitazoe et al (US 20150327249 A1) (hereinafter “Kitazoe”). Regarding claim 6, Si discloses a UE according (see Fig. 5 (50), wherein the signaling comprises a Discontinuous Reception (DRX) parameter set, the DRX parameter set being for a first cell group and unrelated to broadcast, multicast, or sidelink communications (see para. [0510]-[0519] discloses DRX configuration includes at least one of the following, DRX cycle, DRX duration timer, DRX inactivity timer, DRX DL retransmission timer, DRX UL retransmission timer, DRX start offset timer, etc.), Si fails to disclose but Kitazoe teaches, and wherein the DRX parameter set comprises a configuration parameter of a DRX timer, and wherein running of the DRX timer is used to determine the first measurement gap set (see para. [0042] discloses UE may adjust timing operation including measurement gap or DRX). Si and Kitazoe are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify to Si to include DRX as described by Kitazoe. The motivation to combine both references would come from possible reduction of traffic interruptions. Claims 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Si et al. (WO 2021197378 A1, Publication 10/07/2021) (hereinafter “Si”) in view of Tenny (US 20190124533 A) (hereinafter “Tenny”) and further in view of Li et al (US 20250227528 A1) (hereinafter “Li”) as applied to claim 1 above and further in view of Huang (US 20240147288 A1) (hereinafter “Huang”). Regarding claim 11, Si discloses a UE (see Fig. 5 (50)). Si fails to disclose but Huang teaches, wherein the signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and wherein the first measurement object indicates a first reference signal resource (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping), and wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping). Si and Huang are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include third measurement gap as described by Huang. The motivation to combine both references would come from improving measurements for mobility. Regarding claim 12, Si discloses a UE (see Fig. 5 (50)). Si fails to disclose but Huang teaches, wherein the signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and wherein the first measurement object indicates a first reference signal resource (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping), and wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping). Si and Huang are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include third measurement gap as described by Huang. The motivation to combine both references would come from improving measurements for mobility. Regarding claim 13, Si discloses a UE (see Fig. 5 (50)). Si fails to disclose but Huang teaches, wherein the signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and wherein the first measurement object indicates a first reference signal resource (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set (see Fig. 1 (116, 118), para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping). Regarding claim 14, Si discloses a UE (see Fig. 5 (50)). Si fails to disclose but Huang teaches, wherein the signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and wherein the first measurement object indicates a first reference signal resource (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set see Fig. 1 (116, 118), para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping). Si and Huang are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include third measurement gap as described by Huang. The motivation to combine both references would come from improving measurements for mobility. Regarding claim 15, Si discloses a UE (see Fig. 5 (50)). Si fails to disclose but Huang teaches, wherein the signaling comprises a third measurement gap configuration and a first measurement object, the first measurement object used for configuring a measurement (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and wherein the first measurement object indicates a first reference signal resource (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal; the UE may perform the measurement on target MO (measurement object) with the pre-configured measurement gap), and wherein a measurement of the first reference signal resource is associated with both a measurement gap configured by the first measurement gap configuration and a measurement gap configured by a third measurement gap configuration (see para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping), and wherein the first measurement gap configuration and the third measurement gap configuration are used together to determine the first measurement gap set (see Fig. 1 (116, 118), para. [0028]; 0025] discloses a third measurement gap used to measure a reference signal, after common time period the UE may use measurement gap 116 to measure a reference signal and measurement gap 118 to measure a reference signal, the measurement gaps 116 and 118 are shown overlapping). Si and Huang are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include third measurement gap as described by Huang. The motivation to combine both references would come from improving measurements. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Si et al. (WO 2021197378 A1, Publication 10/07/2021) (hereinafter “Si”) in view of Tenny (US 20190124533 A) (hereinafter “Tenny”) and further in view of Li et al (US 20250227528 A1) (hereinafter “Li”) as applied to claim 1 above and further in view of Tsuboi al. (US 202001699060 (hereinafter “Tsuboi”). Regarding claim 18, Si discloses a UE (see Fig. 5 (50)). Si fails to disclose but Tsuboi teaches wherein an action of determining a first measurement gap set according to the first measurement gap configuration is related to configuration of a first radio bearer (RB) (see para. [0010];[0345] discloses a case with a control unit wherein a radio bearer, SRB3, is established, the second control unit submits a measurement report message to a secondary cell group), and wherein the first RB is used for transmitting extended Reality (XR) traffics (There is not restriction on the RB, therefore it could be used for XR traffic). Si and Tsuboi are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify to Si to include the measurement gaps as described by Tsuboi. The motivation to combine both references would come from improving flexibility on the measurements and reducing traffic interruptions. Response to Arguments Applicant’s arguments, see page 13-14, filed 06/03/2026, with respect to rejection of claim 1 under 35 U.S.C. 103, has been considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Tenny (US 20190124533 A) and (Li US 20250227528 A1) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS GUILLERMO LEMA LEMOS whose telephone number is (571)-272-5710. The examiner can normally be reached M-F 8-5 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, Nishant Divecha can be reached at 571-270-3125. 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. /LUIS GUILLERMO LEMA LEMOS/Examiner, Art Unit 2419 /Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
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Prosecution Timeline

Sep 06, 2023
Application Filed
Sep 17, 2025
Non-Final Rejection mailed — §103
Dec 17, 2025
Response Filed
Mar 03, 2026
Final Rejection mailed — §103
Jun 03, 2026
Request for Continued Examination
Jun 13, 2026
Response after Non-Final Action
Oct 05, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
60%
Grant Probability
99%
With Interview (+50.0%)
2y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 5 resolved cases by this examiner. Grant probability derived from career allowance rate.

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