Prosecution Insights
Last updated: July 17, 2026
Application No. 18/274,096

METHOD, DEVICE AND COMPUTER STORAGE MEDIUM OF COMMUNICATION

Final Rejection §103
Filed
Jul 25, 2023
Priority
Feb 26, 2021 — nonprovisional of PCTCN2021078226
Examiner
BAIG, ADNAN
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
2 (Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
387 granted / 563 resolved
+10.7% vs TC avg
Strong +25% interview lift
Without
With
+25.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
36 currently pending
Career history
622
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
92.5%
+52.5% vs TC avg
§102
2.6%
-37.4% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 563 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 . Response to Arguments Applicant’s arguments with respect to claims 23-25, 27-29, 31-33, and 35-37 have been considered but are moot in view of the new ground(s) of rejection set forth. 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 23-25, 27-29, 31-33, and 35-37 are rejected under 35 U.S.C. 103 as being unpatentable over Harada et al. US (2018/0324619) in view of Chauhan et al. US (2021/0006963). Regarding Claim 23, Harada discloses a method of communication performed by a terminal device (see Fig. 14 i.e., user terminal 20 & Fig.’s 17-19), the method comprising: receiving, from a first network device (see Fig. 14 i.e., base station 11 & Fig. 16) information indicating a first priority for a first gap and a second priority for a second gap, (see Para’s [0118], [0120-0125] i.e., the user terminal decides which measurement gap should be prioritized, based on priority information from the radio base station…Here, the priority information is information that indicates which one of the RSRP/RSRQ measurement gap (that is, the RSRP measurement) and the RSSI measurement gap (that is, the RSSI measurement) is prioritized (i.e., the priority information which indicates prioritization of one gap with respect to another gap will indicate respective priorities of each gap with one gap being a higher priority than a priority of the other gap which may be a lower priority), [0155], [0166], [0169], [0185], & [0196] i.e., when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap…the control section 401 may prioritize the measurement gap in which the predetermined priority is higher (for example, the RSRP/RSRQ measurement gap), & [0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10) Wherein the first gap and the second gap are in time domain (see Fig. 5A & Para’s [0056-0057] & [0080]) determining that the first gap and the second gap are colliding; (see Figures 10-12 & Para’s [0110-0111], [0114-0117] i.e., when the RSRP/RSRQ measurement gap and the RSSI measurement gap collide with each other, the user equipment decides which measurement gap should be prioritized…the user terminal decides the measurement gap to prioritize based on priorities determined in advance (for example, RSRQ/RSRQ may be prioritized, [0119], [0120-0125] i.e., Accordingly, even when an RSSI measurement gap and an RSRQ/RSRQ measurement gap collide with each other, a user terminal still can adequately decide which measurement gap should be prioritized, & [0196-0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap (i.e., first gap and second gap are “colliding”), the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10) and performing an operation in the second gap, in accordance with a determination that the second priority is higher than the first priority, (see Para’s [0012], [0116], [0119] i.e., For example, when in Fig. 12, the measurement gap for measuring the RSSI of carrier F2 and the measurement gap for measuring the RSRP/RSRQ of carrier F3 collide with each other, the user terminal, unlike Fig. 11, prioritizes the measurement gap for the RSRP/RSRQ to be measured in carrier F3. In this case, the user terminal measures the RSRP/RSRQ (i.e., “operation”) of carrier F3 in this RSRP/RSRQ measurement gap (i.e., “second gap”) & [0120-0125] i.e., Accordingly, even when an RSSI measurement gap and an RSRQ/RSRQ measurement gap collide with each other, a user terminal still can adequately decide which measurement gap should be prioritized, [0191] i.e., inter-frequency RSSI measurements in the RSSI measurement gaps and inter-frequency RSRP/RSRQ measurements in the RSRP/RSRQ measurement gaps are operations performed in each of the first gap and the second gap, [0196], when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap…the control section 401 may prioritize the measurement gap in which the predetermined priority is higher (for example, the RSRP/RSRQ measurement gap (i.e., “second gap”)), & [0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10 & [0206-0207]) Harada does not disclose the claim feature of wherein the first gap is for Multi-Universal Subscriber Identity Module (MUSIM) operation in which the terminal device is configured to switch from the first network device associated with a first USIM to a second network device associated with a second USIM. However the claim feature would be rendered obvious in view of Chauhan et al. US (2021/0006963). Chauhan discloses wherein a gap is for Multi-Universal Subscriber Identity Module (MUSIM) operation in which a terminal device is configured to switch from the first network device associated with a first USIM to a second network device associated with a second USIM (see Para’s [0049-0050], [0054], [0075] i.e., first SIM and second SIM of multi-SIM user device (i.e., the DSDS UE), [0076] i.e., The tune away gap may include a time duration for which the multi-SIM user device switches from one RAT to another RAT & [0077] i.e., Further, the tune away gap comprises a time duration for which the multi-SIM user device switches from a second RAT network of the second SIM to a first RAT network of the first SIM & [0103-0104]) (Chauhan suggests the tune away gap comprises a time duration for which the multi-SIM user device switches from a second RAT network of the second SIM to a first RAT network of the first SIM in order to listen to necessary signaling in order to perform network selection to the switched network having a certain RF quality and to filter out poor RF conditions in DSDS scenarios (see Para’s [0049-0053], [0076-0077], & [0078])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the first gap which is used by the UE for performing inter-frequency measurements for a non-serving cell and stops performing communication with the serving cell as disclosed in Harada to switch to the non-serving cell by performing the Multi-Universal Subscriber Identity Module (MUSIM) operation in the gap as disclosed in the teachings of Chauhan who discloses a tune away gap is for the MUSIM operation in which a dual SIM terminal device is configured to switch from a first network device of a first RAT associated with a first USIM to a second network device of a second RAT associated with a second USIM, because the motivation lies in Chauhan that the tune away gap comprises a time duration for which the multi-SIM user device switches from a second RAT network of the second SIM to a first RAT network of the first SIM in order to listen to necessary signaling in order to perform network selection to the switched network having a certain RF quality and to filter out poor RF conditions in DSDS scenarios. Regarding Claim 24, Harada discloses the method of claim 23, further comprising: dropping the first gap, (see Para’s [0119] i.e., For example, when in Fig. 12, the measurement gap for measuring the RSSI of carrier F2 and the measurement gap for measuring the RSRP/RSRQ of carrier F3 collide with each other, the user terminal, unlike Fig. 11, prioritizes the measurement gap for the RSRP/RSRQ to be measured in carrier F3. In this case, the user terminal measures the RSRP/RSRQ of carrier F3 in this RSRP/RSRQ measurement gap (i.e., “second gap”), and stops (i.e., “dropping”) the measurement in the RSSI measurement gap (i.e., “first gap”) for carrier F2, [0198] i.e., when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) (i.e., “dropping”) the measurement in the RSSI measurement gap (i.e., “first gap”), & [0207]). Regarding Claim 25, Harada discloses the method of claim 23, wherein the second gap is for performing a measurement, (see Para’s [0119] i.e., the user terminal measures (i.e., “operation”) the RSRP/RSRQ in the RSRP/RSRQ measurement gap (i.e., “second gap”), [0191], [0198], & [0206-0207]). Regarding Claim 27, Harada discloses a method of communication performed by a first network device (see Fig. 14 i.e., base station 11 & Fig. 16), the method comprising: transmitting, to a terminal device (see Fig. 14 i.e., user terminal 20 & Fig.’s 17-19), information indicating a first priority for a first gap and a second priority for a second gap, (see Para’s [0118], [0120-0125] i.e., the user terminal decides which measurement gap should be prioritized, based on priority information from the radio base station…Here, the priority information is information that indicates which one of the RSRP/RSRQ measurement gap (that is, the RSRP measurement) and the RSSI measurement gap (that is, the RSSI measurement) is prioritized (i.e., the priority information which indicates prioritization of one gap with respect to another gap will indicate respective priorities of each gap with one gap being a higher priority than a priority of the other gap which may be a lower priority), [0155], [0166], [0169], [0185], & [0196] i.e., when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap…the control section 401 may prioritize the measurement gap in which the predetermined priority is higher (for example, the RSRP/RSRQ measurement gap), & [0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10) Wherein the first gap and the second gap are in time domain (see Fig. 5A & Para’s [0056-0057] & [0080]) the first gap and the second gap are determined to be colliding, (see Figures 10-12 & Para’s [0110-0111], [0114-0117] i.e., when the RSRP/RSRQ measurement gap and the RSSI measurement gap collide with each other, the user equipment decides which measurement gap should be prioritized…the user terminal decides the measurement gap to prioritize based on priorities determined in advance (for example, RSRQ/RSRQ may be prioritized, [0119], [0120-0125] i.e., Accordingly, even when an RSSI measurement gap and an RSRQ/RSRQ measurement gap collide with each other, a user terminal still can adequately decide which measurement gap should be prioritized, & [0196-0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap (i.e., first gap and second gap are “colliding”), the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10) and an operation in the second gap is performed in accordance with a determination that the second priority is higher than the first priority, (see Para’s [0012], [0116], [0119] i.e., For example, when in Fig. 12, the measurement gap for measuring the RSSI of carrier F2 and the measurement gap for measuring the RSRP/RSRQ of carrier F3 collide with each other, the user terminal, unlike Fig. 11, prioritizes the measurement gap for the RSRP/RSRQ to be measured in carrier F3. In this case, the user terminal measures the RSRP/RSRQ (i.e., “operation”) of carrier F3 in this RSRP/RSRQ measurement gap (i.e., “second gap”), [0120-0125] i.e., Accordingly, even when an RSSI measurement gap and an RSRQ/RSRQ measurement gap collide with each other, a user terminal still can adequately decide which measurement gap should be prioritized, [0191] i.e., inter-frequency RSSI measurements in the RSSI measurement gaps and inter-frequency RSRP/RSRQ measurements in the RSRP/RSRQ measurement gaps are operations performed in each of the first gap and the second gap, [0196], when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap…the control section 401 may prioritize the measurement gap in which the predetermined priority is higher (for example, the RSRP/RSRQ measurement gap (i.e., “second gap”)), [0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10, & [0206-0207]) Harada does not disclose the claim feature of wherein the first gap is for Multi-Universal Subscriber Identity Module (MUSIM) operation in which the terminal device is configured to switch from the first network device associated with a first USIM to a second network device associated with a second USIM. However the claim feature would be rendered obvious in view of Chauhan et al. US (2021/0006963). Chauhan discloses wherein a gap is for Multi-Universal Subscriber Identity Module (MUSIM) operation in which a terminal device is configured to switch from the first network device associated with a first USIM to a second network device associated with a second USIM (see Para’s [0049-0050], [0054], [0075] i.e., first SIM and second SIM of multi-SIM user device (i.e., the DSDS UE), [0076] i.e., The tune away gap may include a time duration for which the multi-SIM user device switches from one RAT to another RAT & [0077] i.e., Further, the tune away gap comprises a time duration for which the multi-SIM user device switches from a second RAT network of the second SIM to a first RAT network of the first SIM & [0103-0104]) (Chauhan suggests the tune away gap comprises a time duration for which the multi-SIM user device switches from a second RAT network of the second SIM to a first RAT network of the first SIM in order to listen to necessary signaling in order to perform network selection to the switched network having a certain RF quality and to filter out poor RF conditions in DSDS scenarios (see Para’s [0049-0053], [0076-0077], & [0078])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the first gap which is used by the UE for performing inter-frequency measurements for a non-serving cell and stops performing communication with the serving cell as disclosed in Harada to switch to the non-serving cell by performing the Multi-Universal Subscriber Identity Module (MUSIM) operation in the gap as disclosed in the teachings of Chauhan who discloses a tune away gap is for the MUSIM operation in which a dual SIM terminal device is configured to switch from a first network device of a first RAT associated with a first USIM to a second network device of a second RAT associated with a second USIM, because the motivation lies in Chauhan that the tune away gap comprises a time duration for which the multi-SIM user device switches from a second RAT network of the second SIM to a first RAT network of the first SIM in order to listen to necessary signaling in order to perform network selection to the switched network having a certain RF quality and to filter out poor RF conditions in DSDS scenarios. Regarding Claim 28, Harada discloses the method of claim 27, wherein the first gap is dropped, (see Para’s [0119] i.e., For example, when in Fig. 12, the measurement gap for measuring the RSSI of carrier F2 and the measurement gap for measuring the RSRP/RSRQ of carrier F3 collide with each other, the user terminal, unlike Fig. 11, prioritizes the measurement gap for the RSRP/RSRQ to be measured in carrier F3. In this case, the user terminal measures the RSRP/RSRQ of carrier F3 in this RSRP/RSRQ measurement gap (i.e., “second gap”), and stops (i.e., “dropping”) the measurement in the RSSI measurement gap (i.e., “first gap”) for carrier F2, [0198] i.e., when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) (i.e., “dropping”) the measurement in the RSSI measurement gap (i.e., “first gap”), & [0207]). Regarding Claim 29, Harada discloses the method of claim 27, wherein the operation in the second gap is a measurement, (see Para’s [0119] i.e., the user terminal measures (i.e., “operation”) the RSRP/RSRQ in the RSRP/RSRQ measurement gap (i.e., “second gap”), [0191], [0198], & [0206-0207]) Regarding Claim 31, Harada discloses a terminal device (see Fig. 14 i.e., user terminal 20 & Fig.’s 17-19), comprising: at least one memory having program instructions stored therein (see Fig. 19 i.e., primary storage apparatus memory 1002 & Para’s [0210-0214]); and at least on processor (see Fig. 19 i.e., processing apparatus 1001 & Para [0212]) configured to execute the program instructions that, when executed, performs a process (see Fig. 19 & Para’s [0210-0214]) comprising: receiving, from a first network device (see Fig. 14 i.e., base station 11 & Fig. 16), information indicating a first priority for a first gap and a second priority for a second gap, (see Para’s [0118], [0120-0125] i.e., the user terminal decides which measurement gap should be prioritized, based on priority information from the radio base station…Here, the priority information is information that indicates which one of the RSRP/RSRQ measurement gap (that is, the RSRP measurement) and the RSSI measurement gap (that is, the RSSI measurement) is prioritized (i.e., the priority information which indicates prioritization of one gap with respect to another gap will indicate respective priorities of each gap with one gap being a higher priority than a priority of the other gap which may be a lower priority), [0155], [0166], [0169], [0185], & [0196] i.e., when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap…the control section 401 may prioritize the measurement gap in which the predetermined priority is higher (for example, the RSRP/RSRQ measurement gap), & [0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10) Wherein the first gap and the second gap are in time domain (see Fig. 5A & Para’s [0056-0057] & [0080]) determining that the first gap and the second gap are colliding; (see Figures 10-12 & Para’s [0110-0111], [0114-0117] i.e., when the RSRP/RSRQ measurement gap and the RSSI measurement gap collide with each other, the user equipment decides which measurement gap should be prioritized…the user terminal decides the measurement gap to prioritize based on priorities determined in advance (for example, RSRQ/RSRQ may be prioritized, [0119], [0120-0125] i.e., Accordingly, even when an RSSI measurement gap and an RSRQ/RSRQ measurement gap collide with each other, a user terminal still can adequately decide which measurement gap should be prioritized, & [0196-0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap (i.e., first gap and second gap are “colliding”), the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10) and performing an operation in the second gap, in accordance with a determination that the second priority is higher than the first priority, (see Para’s [0012], [0116], [0119] i.e., For example, when in Fig. 12, the measurement gap for measuring the RSSI of carrier F2 and the measurement gap for measuring the RSRP/RSRQ of carrier F3 collide with each other, the user terminal, unlike Fig. 11, prioritizes the measurement gap for the RSRP/RSRQ to be measured in carrier F3. In this case, the user terminal measures the RSRP/RSRQ (i.e., “operation”) of carrier F3 in this RSRP/RSRQ measurement gap (i.e., “second gap”) & [0120-0125] i.e., Accordingly, even when an RSSI measurement gap and an RSRQ/RSRQ measurement gap collide with each other, a user terminal still can adequately decide which measurement gap should be prioritized, [0191] i.e., inter-frequency RSSI measurements in the RSSI measurement gaps and inter-frequency RSRP/RSRQ measurements in the RSRP/RSRQ measurement gaps are operations performed in each of the first gap and the second gap, [0196], when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap…the control section 401 may prioritize the measurement gap in which the predetermined priority is higher (for example, the RSRP/RSRQ measurement gap (i.e., “second gap”)), & [0198] i.e., Furthermore, when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405, to stop (skip) the measurement in the RSSI measurement gap or the measurement in the RSRP/RSRQ measurement gap based on the priorities indicated by priority information that is provided from the radio base station 10 & [0206-0207]) Harada does not disclose the claim feature of wherein the first gap is for Multi-Universal Subscriber Identity Module (MUSIM) operation in which the terminal device is configured to switch from the first network device associated with a first USIM to a second network device associated with a second USIM. However the claim feature would be rendered obvious in view of Chauhan et al. US (2021/0006963). Chauhan discloses wherein a gap is for Multi-Universal Subscriber Identity Module (MUSIM) operation in which a terminal device is configured to switch from the first network device associated with a first USIM to a second network device associated with a second USIM (see Para’s [0049-0050], [0054], [0075] i.e., first SIM and second SIM of multi-SIM user device (i.e., the DSDS UE), [0076] i.e., The tune away gap may include a time duration for which the multi-SIM user device switches from one RAT to another RAT & [0077] i.e., Further, the tune away gap comprises a time duration for which the multi-SIM user device switches from a second RAT network of the second SIM to a first RAT network of the first SIM & [0103-0104]) (Chauhan suggests the tune away gap comprises a time duration for which the multi-SIM user device switches from a second RAT network of the second SIM to a first RAT network of the first SIM in order to listen to necessary signaling in order to perform network selection to the switched network having a certain RF quality and to filter out poor RF conditions in DSDS scenarios (see Para’s [0049-0053], [0076-0077], & [0078])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the first gap which is used by the UE for performing inter-frequency measurements for a non-serving cell and stops performing communication with the serving cell as disclosed in Harada to switch to the non-serving cell by performing the Multi-Universal Subscriber Identity Module (MUSIM) operation in the gap as disclosed in the teachings of Chauhan who discloses a tune away gap is for the MUSIM operation in which a dual SIM terminal device is configured to switch from a first network device of a first RAT associated with a first USIM to a second network device of a second RAT associated with a second USIM, because the motivation lies in Chauhan that the tune away gap comprises a time duration for which the multi-SIM user device switches from a second RAT network of the second SIM to a first RAT network of the first SIM in order to listen to necessary signaling in order to perform network selection to the switched network having a certain RF quality and to filter out poor RF conditions in DSDS scenarios. Regarding Claim 32, Harada discloses the terminal device of claim 31, the process further comprises: dropping the first gap, (see Para’s [0119] i.e., For example, when in Fig. 12, the measurement gap for measuring the RSSI of carrier F2 and the measurement gap for measuring the RSRP/RSRQ of carrier F3 collide with each other, the user terminal, unlike Fig. 11, prioritizes the measurement gap for the RSRP/RSRQ to be measured in carrier F3. In this case, the user terminal measures the RSRP/RSRQ of carrier F3 in this RSRP/RSRQ measurement gap (i.e., “second gap”), and stops (i.e., “dropping”) the measurement in the RSSI measurement gap (i.e., “first gap”) for carrier F2, [0198] i.e., when an RSSI measurement gap and an RSRP/RSRQ measurement gap overlap, the control section 401 may command the measurement section 405 to stop (skip) (i.e., “dropping”) the measurement in the RSSI measurement gap (i.e., “first gap”), & [0207]). Regarding Claim 33, Harada discloses the terminal device of claim 31, wherein the second gap is for performing a measurement, (see Para’s [0119] i.e., the user terminal measures (i.e., “operation”) the RSRP/RSRQ in the RSRP/RSRQ measurement gap (i.e., “second gap”), [0191], [0198], & [0206-0207]) Regarding Claim 35, the combination of Harada in view of Chauhan discloses the method of claim 23, further comprising performing an operation corresponding to one of the first gap and the second gap whichever has a longer periodicity, (see Fig. 2A, Fig. 3, & Fig. 5A i.e., the Gap pattern 0 for RSRP/RSRQ having a longer periodicity (i.e., “MGRP”) can be prioritized over gap pattern 2 for RSSI, and therefore such prioritization results in the operation corresponding to the gap with longer periodicity (i.e., “MGRP”) being performed & Para’s [0056-0057] i.e., the gap pattern is determined by MGL and MGRP (i.e., MGRP is the “periodicity”), [0080], [0118] i.e., For example, the priority of RSRP may be configured higher than RSSI in advance…the user terminal prioritizes the measurement gap for the RSRP/RSRQ (i.e., RSRP/RSRQ gap has a longer periodicity), [0125] i.e., which measurement gap should be prioritized is determined, & [0197-0198]). Regarding Claim 36, the combination of Harada in view of Chauhan discloses the method of claim 27, further comprising an operation corresponding to one of the first gap and the second gap whichever has a longer periodicity, is performed. (see Fig. 2A, Fig. 3, & Fig. 5A i.e., the Gap pattern 0 for RSRP/RSRQ having a longer periodicity (i.e., “MGRP”) can be prioritized over gap pattern 2 for RSSI, and therefore such prioritization results in the operation corresponding to the gap with longer periodicity (i.e., “MGRP”) being performed & Para’s [0056-0057] i.e., the gap pattern is determined by MGL and MGRP (i.e., MGRP is the “periodicity”), [0080], [0118] i.e., For example, the priority of RSRP may be configured higher than RSSI in advance…the user terminal prioritizes the measurement gap for the RSRP/RSRQ (i.e., RSRP/RSRQ gap has a longer periodicity), [0125] i.e., which measurement gap should be prioritized is determined, & [0197-0198]). Regarding Claim 37, the combination of Harada in view of Chauhan discloses the terminal device of claim 31, wherein the at least on processor is further configured to execute the program instructions that, when executed, performs an additional process of performing an operation corresponding to one of the first gap and the second gap whichever has a longer periodicity, (see Fig. 2A, Fig. 3, & Fig. 5A i.e., the Gap pattern 0 for RSRP/RSRQ having a longer periodicity (i.e., “MGRP”) can be prioritized over gap pattern 2 for RSSI, and therefore such prioritization results in the operation corresponding to the gap with longer periodicity (i.e., “MGRP”) being performed & Para’s [0056-0057] i.e., the gap pattern is determined by MGL and MGRP (i.e., MGRP is the “periodicity”), [0080], [0118] i.e., For example, the priority of RSRP may be configured higher than RSSI in advance…the user terminal prioritizes the measurement gap for the RSRP/RSRQ (i.e., RSRP/RSRQ gap has a longer periodicity), [0125] i.e., which measurement gap should be prioritized is determined, & [0197-0198]). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADNAN A BAIG whose telephone number is (571)270-7511. The examiner can normally be reached M-F 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, Huy Vu can be reached at 571-272-3155. 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. /ADNAN BAIG/Primary Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Jul 25, 2023
Application Filed
Sep 16, 2025
Non-Final Rejection mailed — §103
Dec 10, 2025
Response Filed
Apr 15, 2026
Final Rejection mailed — §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

3-4
Expected OA Rounds
69%
Grant Probability
94%
With Interview (+25.3%)
3y 4m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 563 resolved cases by this examiner. Grant probability derived from career allowance rate.

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