Prosecution Insights
Last updated: October 02, 2026
Application No. 18/263,044

PUNCTURING OF INTER-FREQUENCY MEASUREMENTS DURING EVOLVED PACKET SYSTEM FALLBACK CALL PROCEDURE

Non-Final OA §103
Filed
Jul 26, 2023
Priority
Mar 16, 2021 — nonprovisional of PCTCN2021080987
Examiner
SEFCHECK, GREGORY B
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
3 (Non-Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
481 granted / 695 resolved
+11.2% vs TC avg
Strong +20% interview lift
Without
With
+19.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
46 currently pending
Career history
748
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
60.3%
+20.3% vs TC avg
§102
20.3%
-19.7% vs TC avg
§112
7.7%
-32.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 695 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . RCE filed 4/23/2026 is acknowledged. Amendment filed 3/30/2026 is entered. Claims 1, 8, 15, and 22 have been amended. Claims 1-28 remain pending. Information Disclosure Statement The information disclosure statement (IDS) submitted on 8/21/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 1-4, 6, 8-11, 13, 15-18, 20, 22-25, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Venkataraman et al. (US20210051530A1; “Venk”) in view of Shauh et al. (US20160316345A1; “Shauh”). Regarding claims 1, 8, 15, and 22, Venk (Title: 5G NR voice call EPS fallback enhancements) discloses a method (Fig. 10B) of operating a user equipment (UE) (Fig. 10B, UE 900; Fig. 3), comprising a memory/CRM (Fig. 3, memory 306; paragraph 34), a communication interface (Fig. 3, circuitry 329/330 and antennas 335-338), and at least one processor/means (Fig. 3, processor 302) communicatively coupled to the memory/CRM and the communication interface, configured to execute instructions to cause the UE setting up an evolved packet system fallback (EPSFB) call (Fig. 10B, step 1018; paragraph 104-109; session modification including EPS fallback call) that is associated with network-configured inter-frequency measurements to be performed by the UE at a first inter-frequency measurement interval (Fig. 10B, step 1032; paragraph 109; inter-RAT measurements). Venk does not expressly disclose puncturing some or all of the network-configured inter-frequency measurements during the EPS call. Further analogous art to Shauh (Title: Prioritization of Concurrent Inter-Frequency/Inter-RAT Measurement and eMBMS Service reception) discloses a similar method in an Evolved Packet System/EPS (Fig. 1; paragraph 33) including puncturing (i.e. skipping) some or all of the network-configured inter-frequency measurements during the EPS call (Fig. 10; paragraphs 62-65; skipping inter-frequency measurements to receive a prioritized eMBMS service, such as the EPSFB call shown in Venk). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Venk by puncturing some or all of the network-configured inter-frequency measurements during the EPS call, as shown by Shauh, thereby enabling prioritization with respect to an EPS service call colliding with inter-frequency measurements during a particular time interval. Regarding claims 2, 3, 9, 10, 13, 16, 17, 20, 23, 24, and 27, The combination of Venk and Shauh discloses determining at least one performance parameter comprises a signal quality or link quality between the UE and a serving cell of the UE (Shauh: paragraph 50-54, 83; channel estimate), wherein the puncturing is based in part upon the determination (paragraph 66, 77, 85-87; determining whether eMBMS reception gets priority over inter-frequency measurement depending on the data reception/real-time conditions at the UE). See motivation above. Regarding claims 4, 11, 18, and 25, The combination of Venk and Shauh discloses at least one performance parameter comprises one or more of the network-configured inter-frequency measurements that are measured with respect to one or more neighbor cells (Shauh: Fig. 2, 7A; paragraph 61-62; inter-frequency measurements inherently measure the frequency of other cells). See motivation above. Claims 5, 7, 12, 14, 19, 21, 26, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Venk and Shauh as applied to respective claims 4, 6, 11, 13, 18, 20, 25, and 27 as shown above, and further in view of Xu et al. (US20230008354A1; supported by Provisional Application 63/009231; “Xu2”). Regarding claims 5, 12, 19, and 26, The combination of Venk and Shauh does not expressly show extending the measurement interval in response to the one or more results being below the measurement threshold. Xu2 discloses analogous art (Title: Idle Mode Processing Method) including extending the measurement interval in response to the one or more results being below the measurement threshold (Fig. 3, step 312; Fig. 5, step 332; Abstract; paragraph 9-10, 26, 33-41; extend inter-frequency measurement derived from the inter-frequency measurement time interval in response to the UE being below a mobility threshold/low mobility state). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Venk and Shauh by extending the measurement interval in response to the one or more results being below the measurement threshold, as shown by Xu2, thereby optimizing power saving when the UE is in a low mobility state. Regarding claims 7, 14, 21, and 28, The combination of Venk and Shauh does not expressly disclose puncturing all of the network-configured inter-frequency measurements during the EPS call at least while the signal quality or the link quality remains greater than or equal to the threshold. Xu2 discloses puncturing all of the network-configured inter-frequency measurements during the EPS call at least while the signal quality or the link quality remains greater than or equal to the threshold (paragraph 32-35; stop inter-frequency measurements completely when the UE is stationary and conditions of a serving cell are good/above certain threshold). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Venk and Shauh by puncturing all of the network-configured inter-frequency measurements during the EPS call at least while the signal quality or the link quality remains greater than or equal to the threshold, as shown by Xu2, thereby optimizing power saving when the UE is in a stationary state. Response to Arguments Applicant’s arguments filed 4/23/2026 have been considered but are moot because the new ground of rejection relies on the newly-cited Shauh and Xu2 references for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY B SEFCHECK whose telephone number is (571)272-3098. The examiner can normally be reached Monday-Friday 6AM-4PM. 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, Chirag Shah can be reached at 571-272-3144. 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. /GREGORY B SEFCHECK/Primary Examiner, Art Unit 2477
Read full office action

Prosecution Timeline

Jul 26, 2023
Application Filed
Oct 07, 2025
Non-Final Rejection mailed — §103
Jan 07, 2026
Response Filed
Jan 28, 2026
Final Rejection mailed — §103
Mar 30, 2026
Response after Non-Final Action
Apr 23, 2026
Request for Continued Examination
May 01, 2026
Response after Non-Final Action
Aug 26, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12745316
SL DRX RECONFIGURATION FOR SL GROUPCAST BASED ON CONGESTION CONTROL
2y 6m to grant Granted Sep 22, 2026
Patent 12739885
TECHNIQUES FOR COMMUNICATING RANDOM ACCESS MESSAGES BASED ON BEAM REFINING IN WIRELESS COMMUNICATIONS
5y 7m to grant Granted Sep 15, 2026
Patent 12739661
CONTROL RESOURCE SET POOL INDEX UPDATING METHOD AND APPARATUS, TERMINAL, AND NETWORK DEVICE
3y 6m to grant Granted Sep 15, 2026
Patent 12726798
PROXY COORDINATED WIRELESS COMMUNICATION OPERATION FOR VEHICULAR ENVIRONMENTS
6y 1m to grant Granted Sep 01, 2026
Patent 12727023
OPERATION METHOD OF RELAY UE IN WIRELESS COMMUNICATION SYSTEM
3y 7m to grant Granted Sep 01, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
69%
Grant Probability
89%
With Interview (+19.6%)
3y 6m (~4m remaining)
Median Time to Grant
High
PTA Risk
Based on 695 resolved cases by this examiner. Grant probability derived from career allowance 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