Prosecution Insights
Last updated: April 19, 2026
Application No. 18/263,604

SSB MEASUREMENT IN WIRELESS COMMUNICATION NETWORK

Non-Final OA §101§103§112
Filed
Jul 31, 2023
Examiner
SHIVERS, ASHLEY L
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
527 granted / 607 resolved
+28.8% vs TC avg
Moderate +15% lift
Without
With
+14.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
18 currently pending
Career history
625
Total Applications
across all art units

Statute-Specific Performance

§101
7.5%
-32.5% vs TC avg
§103
48.7%
+8.7% vs TC avg
§102
26.2%
-13.8% vs TC avg
§112
8.1%
-31.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 607 resolved cases

Office Action

§101 §103 §112
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 . Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 12 indicates a computer storage medium but the medium isn’t limited to only statutory instances. In the specification, Applicants indicate that the storage medium “may comprise” multiple examples of statutory components, but the list is open ended. Examiner suggests changing the claim language to indicate non-transitory computer storage medium or similar language. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 2, 8, 14 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 2 and 14 indicate a wireless device but provide no corresponding structure. Claim 4 indicates a network node but also provides no corresponding structure. Examiner suggests the claims be updated to include the structure in order to overcome the rejection. Claims 8 and 18 indicate signaling transmitted by the first transmission source and signaling transmitted by the second transmission source. It is unclear if the signaling is referring to the communication signaling or the synchronization signaling. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 5 and 14-15 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 5, 14 and 15 are repeat limitations of the independent claims 1-3, each of which indicate that the gap time interval is between communication signaling and synchronization signaling associated to the first transmission source. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 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. Claims 1-7, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (U.S. PGPub 2023/0188293), hereinafter referred to as Liu in view of Ly et al. (U.S. PGPub 2018/0077710), hereinafter referred to as Ly. Regarding claim 1, Liu teaches a method of operating a wireless device in a wireless communication network, the method comprising: communicating with a first transmission source (The signals/channels for the cells are transmitted/received by the TRP0 502, wherein the first transmission source is the TRP0; See Fig. 5, #514, #516 and [0058]); and receiving synchronisation signaling from a second transmission source (The UE 504 may receive a TRS1 or SSB1 from the TRP1 506, wherein the second transmission source is the TRP1; See Fig. 5, #518 and [0059]). Liu fails to teach communicating with the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source. Ly teaches communicating with the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source (one or more of the UE 102, the UE 104, the TRP 106, or some other component of the system 100 may include a signaling module 114 that generates signaling whereby a guard band (e.g., between synchronization information and control or data) includes synchronization information. For example, such a guard band may be located between tones used for synchronization and tones used for control or data; See [0046]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu to include communicating with the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source taught by Ly in order to mitigate interference. Regarding claim 2, Liu teaches a wireless device for a wireless communication network, the wireless device being configured for: communicating with a first transmission source (The signals/channels for the cells are transmitted/received by the TRP0 502, wherein the first transmission source is the TRP0; See Fig. 5, #514, #516 and [0058]); and receiving synchronisation signaling from a second transmission source (The UE 504 may receive a TRS1 or SSB1 from the TRP1 506, wherein the second transmission source is the TRP1; See Fig. 5, #518 and [0059]). Liu fails to teach communicating with the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source. Ly teaches communicating with the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source (one or more of the UE 102, the UE 104, the TRP 106, or some other component of the system 100 may include a signaling module 114 that generates signaling whereby a guard band (e.g., between synchronization information and control or data) includes synchronization information. For example, such a guard band may be located between tones used for synchronization and tones used for control or data; See [0046]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of Liu to include communicating with the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source taught by Ly in order to mitigate interference. Regarding claim 3, Liu teaches a method of operating a network node in a wireless communication network, the method comprising: communicating with a wireless device utilising signaling from a first transmission source (The signals/channels for the cells are transmitted/received by the TRP0 502, wherein the first transmission source is the TRP0; See Fig. 5, #514, #516 and [0058]); and transmitting synchronisation signaling utilising a second transmission source (The UE 504 may receive a TRS1 or SSB1 from the TRP1 506, wherein the second transmission source is the TRP1; See Fig. 5, #518 and [0059]). Liu fails to teach communicating with the wireless device utilising signaling from the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission. Ly teaches communicating with the wireless device utilising signaling from the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source (one or more of the UE 102, the UE 104, the TRP 106, or some other component of the system 100 may include a signaling module 114 that generates signaling whereby a guard band (e.g., between synchronization information and control or data) includes synchronization information. For example, such a guard band may be located between tones used for synchronization and tones used for control or data; See [0046]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu to include communicating with the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source taught by Ly in order to mitigate interference. Regarding claim 4, Liu teaches a network node for a wireless communication network, the network node being configured for: communicating with a wireless device utilising signaling from a first transmission source (The signals/channels for the cells are transmitted/received by the TRP0 502, wherein the first transmission source is the TRP0; See Fig. 5, #514, #516 and [0058]); and transmitting synchronisation signaling utilising a second transmission source (The UE 504 may receive a TRS1 or SSB1 from the TRP1 506, wherein the second transmission source is the TRP1; See Fig. 5, #518 and [0059]). Liu fails to teach communicating with the wireless device utilising signaling from the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source (). Ly teaches communicating with the wireless device utilising signaling from the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source (one or more of the UE 102, the UE 104, the TRP 106, or some other component of the system 100 may include a signaling module 114 that generates signaling whereby a guard band (e.g., between synchronization information and control or data) includes synchronization information. For example, such a guard band may be located between tones used for synchronization and tones used for control or data; See [0046]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of Liu to include communicating with the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source taught by Ly in order to mitigate interference. Regarding claim 5, Liu fails to teach the method according to claim 1, wherein the gap time interval is located between the communication signaling and synchronisation signaling associated to the first transmission source. Ly teaches wherein the gap time interval is located between the communication signaling and synchronisation signaling associated to the first transmission source (one or more of the UE 102, the UE 104, the TRP 106, or some other component of the system 100 may include a signaling module 114 that generates signaling whereby a guard band (e.g., between synchronization information and control or data) includes synchronization information. For example, such a guard band may be located between tones used for synchronization and tones used for control or data; See [0046]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu to include wherein the gap time interval is located between the communication signaling and synchronisation signaling associated to the first transmission source taught by Ly in order to mitigate interference. Regarding claim 6, Liu further teaches the method according to claim 1, wherein the communication signaling is downlink signaling transmitted by the first transmission source (communications from the TRP0; See Fig. 5, #516). Regarding claim 7, Liu further teaches the method according to claim 1, wherein the communication signaling is uplink signaling transmitted to the first transmission source (communications to the TRP0; See Fig. 5, #514). Regarding claim 12, Liu teaches a computer storage medium (See [0008]) storing a computer program comprising instructions causing processing circuitry to one or both control and perform a method, the method comprising: communicating with a first transmission source (The signals/channels for the cells are transmitted/received by the TRP0 502, wherein the first transmission source is the TRP0; See Fig. 5, #514, #516 and [0058]); and receiving synchronisation signaling from a second transmission source (The UE 504 may receive a TRS1 or SSB1 from the TRP1 506, wherein the second transmission source is the TRP1; See Fig. 5, #518 and [0059]). Liu fails to teach communicating with the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source. Ly teaches communicating with the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source (one or more of the UE 102, the UE 104, the TRP 106, or some other component of the system 100 may include a signaling module 114 that generates signaling whereby a guard band (e.g., between synchronization information and control or data) includes synchronization information. For example, such a guard band may be located between tones used for synchronization and tones used for control or data; See [0046]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu to include communicating with the first transmission source being based on a gap time interval between communication signaling and synchronisation signaling associated to the first transmission source taught by Ly in order to mitigate interference. Regarding claim 14, Liu fails to teach the wireless device according to claim 2, wherein the gap time interval is located between the communication signaling and synchronisation signaling associated to the first transmission source. Ly teaches wherein the gap time interval is located between the communication signaling and synchronisation signaling associated to the first transmission source (one or more of the UE 102, the UE 104, the TRP 106, or some other component of the system 100 may include a signaling module 114 that generates signaling whereby a guard band (e.g., between synchronization information and control or data) includes synchronization information. For example, such a guard band may be located between tones used for synchronization and tones used for control or data; See [0046]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of Liu to include wherein the gap time interval is located between the communication signaling and synchronisation signaling associated to the first transmission source taught by Ly in order to mitigate interference. Regarding claim 15, Liu fails to teach the method according to claim 3, wherein the gap time interval is located between the communication signaling and synchronisation signaling associated to the first transmission source. Ly teaches wherein the gap time interval is located between the communication signaling and synchronisation signaling associated to the first transmission source (one or more of the UE 102, the UE 104, the TRP 106, or some other component of the system 100 may include a signaling module 114 that generates signaling whereby a guard band (e.g., between synchronization information and control or data) includes synchronization information. For example, such a guard band may be located between tones used for synchronization and tones used for control or data; See [0046]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu to include wherein the gap time interval is located between the communication signaling and synchronisation signaling associated to the first transmission source taught by Ly in order to mitigate interference. Regarding claim 16, Liu further teaches the method according to claim 3, wherein the communication signaling is downlink signaling transmitted by the first transmission source (communications from the TRP0; See Fig. 5, #516). Regarding claim 17, Liu further teaches the method according to claim 3, wherein the communication signaling is uplink signaling transmitted to the first transmission source (communications to the TRP0; See Fig. 5, #514). Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Ly as applied to claims 1 and 3 above, and further in view of Ko et al. (U.S. PGPub 2023/0232351), hereinafter referred to as Ko. Regarding claim 8, Liu in view of Ly fails to teach the method according to claim 1, wherein the gap time interval is based on a time delay between signaling transmitted by the first transmission source and signaling transmitted by the second transmission source. Ko teaches wherein the gap time interval is based on a time delay between signaling transmitted by the first transmission source and signaling transmitted by the second transmission source (when a UE selects a plurality of different synchronization timings, a UE may select a synchronization reference source in which a timing gap between a synchronization timing of multiple previously selected synchronization reference sources and multiple synchronization signals (e.g., SLSS or SL signals) newly received is greater than or equal to a specific threshold as one of multiple synchronization reference sources; See [0104]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu in view of Ly to include wherein the gap time interval is based on a time delay between signaling transmitted by the first transmission source and signaling transmitted by the second transmission source taught by Ko in order to improve efficiency. Regarding claim 18, Liu in view of Ly fails to teach the method according to claim 3, wherein the gap time interval is based on a time delay between signaling transmitted by the first transmission source and signaling transmitted by the second transmission source. Ko teaches wherein the gap time interval is based on a time delay between signaling transmitted by the first transmission source and signaling transmitted by the second transmission source (when a UE selects a plurality of different synchronization timings, a UE may select a synchronization reference source in which a timing gap between a synchronization timing of multiple previously selected synchronization reference sources and multiple synchronization signals (e.g., SLSS or SL signals) newly received is greater than or equal to a specific threshold as one of multiple synchronization reference sources; See [0104]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu in view of Ly to include wherein the gap time interval is based on a time delay between signaling transmitted by the first transmission source and signaling transmitted by the second transmission source taught by Ko in order to improve efficiency. Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Ly as applied to claims 1 and 3 above, and further in view of Lee et al. (U.S. PGPub 2020/0177254), hereinafter referred to as Lee. Regarding claim 9, Liu in view of Ly fails to teach the method according to claim 1, wherein the gap time interval corresponds to a time interval between a first configured search space and a second configured search space. Lee teaches wherein the gap time interval corresponds to a time interval between a first configured search space and a second configured search space (If the minimum gap between x and y is smaller than a threshold, a first number (or set) of NR-PDCCH candidates in a search space may be determined, configured, or monitored. Otherwise a second number (or set) of NR-PDCCH candidates in a search space may be determined, configured or monitored by a WTRU; See [0138]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu in view of Ly to include wherein the gap time interval corresponds to a time interval between a first configured search space and a second configured search space taught by Lee in order to optimize communication. Regarding claim 19, Liu in view of Ly fails to teach the method according to claim 3, wherein the gap time interval corresponds to a time interval between a first configured search space and a second configured search space. Lee teaches wherein the gap time interval corresponds to a time interval between a first configured search space and a second configured search space (If the minimum gap between x and y is smaller than a threshold, a first number (or set) of NR-PDCCH candidates in a search space may be determined, configured, or monitored. Otherwise a second number (or set) of NR-PDCCH candidates in a search space may be determined, configured or monitored by a WTRU; See [0138]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu in view of Ly to include wherein the gap time interval corresponds to a time interval between a first configured search space and a second configured search space taught by Lee in order to optimize communication. Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Ly as applied to claims 1 and 3 above, and further in view of Li et al. (U.S. PGPub 2020/0396734), hereinafter referred to as Li. Regarding claim 10, Liu in view of Ly fails to teach the method according to claim 1, wherein the gap time interval is dynamically indicated and/or semi- statically indicated. Li teaches wherein the gap time interval is dynamically indicated and/or semi- statically indicated (the base station may dynamically determine to implement the time interval gap based on a request received from one or more UEs; See [0018]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu in view of Ly to include wherein the gap time interval is dynamically indicated and/or semi- statically indicated taught by Li in order to minimize collisions. Regarding claim 20, Liu in view of Ly fails to teach the method according to claim 3, wherein the gap time interval is dynamically indicated and/or semi-statically indicated. Li teaches wherein the gap time interval is dynamically indicated and/or semi- statically indicated (the base station may dynamically determine to implement the time interval gap based on a request received from one or more UEs; See [0018]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu in view of Ly to include wherein the gap time interval is dynamically indicated and/or semi- statically indicated taught by Li in order to minimize collisions. Claims 11 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Ly as applied to claims 1 and 3 above, and further in view of Park et al. (U.S. PGPub 2020/0107348), hereinafter referred to as Park. Regarding claim 11, Liu in view of Ly fails to teach the method according to claim 1, wherein the gap time interval is associated to measurement for performance on synchronisation signaling transmitted by the second transmission source. Park teaches wherein the gap time interval is associated to measurement for performance on synchronisation signaling transmitted by the second transmission source (To minimize the measurement gap interval of the NR UE, the QCL information may include synchronization information between the gNB and the LTE carrier; See [0264]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu in view of Ly to include wherein the gap time interval is associated to measurement for performance on synchronisation signaling transmitted by the second transmission source taught by Li in order to minimize the measurement gap. Regarding claim 21, Liu in view of Ly fails to teach the method according to claim 3, wherein the gap time interval is associated to measurement for performance on synchronisation signaling transmitted by the second transmission source. Park teaches wherein the gap time interval is associated to measurement for performance on synchronisation signaling transmitted by the second transmission source (To minimize the measurement gap interval of the NR UE, the QCL information may include synchronization information between the gNB and the LTE carrier; See [0264]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of Liu in view of Ly to include wherein the gap time interval is dynamically indicated and/or semi- statically indicated taught by Li in order to minimize the measurement gap. Conclusion Any response to this action should be mailed to: Commissioner for Patents, P.O. Box 1450 Alexandria, VA 22313-1450 Hand delivered responses should be brought to: Customer Service Window Randolph Building 401 Dulany Street Alexandria, VA 22314 Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY L SHIVERS whose telephone number is (571)270-3523. The examiner can normally be reached Monday-Friday 9:00am-5:00pm. 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. /ASHLEY SHIVERS/Primary Examiner, Art Unit 2477 1/8/2026
Read full office action

Prosecution Timeline

Jul 31, 2023
Application Filed
Jan 08, 2026
Non-Final Rejection — §101, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+14.7%)
2y 10m
Median Time to Grant
Low
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