Prosecution Insights
Last updated: July 17, 2026
Application No. 18/413,482

Enhanced EMR for Service-Aware Measurements and Reports

Final Rejection §103
Filed
Jan 16, 2024
Priority
Jan 20, 2023 — EU 23386002.2
Examiner
KAO, JUTAI
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
535 granted / 670 resolved
+21.9% vs TC avg
Strong +17% interview lift
Without
With
+17.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
25 currently pending
Career history
704
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
85.8%
+45.8% vs TC avg
§102
2.6%
-37.4% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 670 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 Amendment Amendments filed on 03/17/2026 are entered. The amendments change the scopes of the previously presented claims. The current Office Action is made FINAL as necessitated by the claim amendments. Claim 12 has been amended to overcome the 35 U.S.C. 112(b) rejection presented in the previous Office Action. The 35 U.S.C. 112 (b) rejections of claims 12-16 are withdrawn as necessitated by the claim amendments. Response to Arguments Applicant's arguments filed 03/17/2026 have been fully considered but they are not persuasive. Regarding the currently amended claims, the Applicant argues that previously cited reference, Hoehne, does not disclose “intended use cases for a given frequency layer”. However, as shown in the previous Office Action, Hoehne discloses “Relevant SIB elements link a service ID (SID) to one or more frequency layers which belong to the small cells in the coverage area of the macro cell” in paragraph [0023]. The SIDs identifies the corresponding services provided in the one or more frequency layers. The services provided in the one or more frequency layers may be considered as intended use cases for the given frequency layer. Therefore, the SIDs identifying the services for the frequency layers as disclosed in Hoehne is considered to meet the requirement of the currently amended claims. The currently amended claims are therefore rejected based on the previously cited references Park and Hoehne. 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. 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. 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. 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. Claim(s) 1-3, 5-8 and 12-14 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2024/0107353) in view of . Park discloses the following features. Regarding claim 1, an apparatus (see UE 120 in Fig. 6A) comprising processing circuitry configured to: process configuration information for two or more frequency layers (see step 605 in Fig. 6A, wherein the UE obtains the EMR configuration, wherein “the configuration may identify carriers and/or frequencies (e.g., frequency layers) configured for cell reselection measurements…” recited in paragraph [0102], wherein exemplary frequency layers are shown in Fig. 5A-5B); determine, based on the configuration information, at least one frequency layer of the two or more frequency layers to prioritize for EMR (see “the configuration may identify carriers and/or frequencies (e.g., frequency layers) configured for cell reselection measurements, and the configuration may indicate respective cell reselection priorities associated with the frequencies (or the carriers) configured for the cell reselection measurements” recited in paragraph [0102] and Fig. 5A-5B shows that the frequency layers having different priorities); perform at least one measurement on the determined at least one frequency layer (see step 615 in Fig. 6A, wherein EMR is performed on the frequency layers, also see step 506 in Fig. 5B); and prepare a report of results of the at least one measurement for transmission to a network (see step 640 in Fig. 6A, wherein the EMR measurement results are sent to the network node 110). Regarding claim 2, wherein the at least one measurement is performed during an Idle state (see Fig. 6A, wherein the UE switch to idle state before performing EMR in step 615). Regarding claim 3, wherein the results are reported to the network during a Connected state (see Fig. 6A, wherein the UE performs RRC connection in step 635 before reporting the EMR measurement results to the Network Node 110 in step 640). Regarding claim 6, receive configuration for the two or more frequency layers in one of: an RRC CONNECTION RELEASE message (see RRC Release including EMR configuration ins step 605 of Fig. 6A); or a SIB message. Regarding claim 7, wherein the determination of the at least one frequency layer of the two or more frequency layers to prioritize for EMR is further based, at least in part on: location information; mobility state information (see “FIG. 5B shows inter-frequency measurements performed in the frequency layers by the idle/inactive mode UE in a case in which the UE mobility criterion is not satisfied for the UE…In this case, cell/carrier reselection measurements are performed only for carriers in frequency layers f3 and f4 (e.g., the frequency layers with higher cell reselection priorities than the frequency layer f0 on which the UE is camped)” recited in paragraph [0092], wherein frequency layer f3 utilizes EMR as shown in Fig. 5B); current network traffic levels; or current RF conditions. Regarding claim 8, wherein the results are prepared for reporting to the network in response to the processing circuitry receiving a request from the network (see “In this case, the network node 110 may transmit, to the UE 120, a UE information request including a measurement report request, and the UE 120 may transmit, to the network node 110, the measurement results associated with the EMR measurements in one or more EMRs in a UE information response” recited in paragraph [0129]). Regarding claim 12, a method comprising: receiving, from a network, a configuration information for two or more frequency layers (see step 605 in Fig. 6A, wherein the UE receives the EMR configuration from the network node 110, wherein “the configuration may identify carriers and/or frequencies (e.g., frequency layers) configured for cell reselection measurements…” recited in paragraph [0102], wherein exemplary frequency layers are shown in Fig. 5A-5B); determine, based on the configuration information, at least one frequency layer of the two or more frequency layers to prioritize for EMR (see “the configuration may identify carriers and/or frequencies (e.g., frequency layers) configured for cell reselection measurements, and the configuration may indicate respective cell reselection priorities associated with the frequencies (or the carriers) configured for the cell reselection measurements” recited in paragraph [0102] and Fig. 5A-5B shows that the frequency layers having different priorities); performing at least one measurement on the determined at least one frequency layer (see step 615 in Fig. 6A, wherein EMR is performed on the frequency layers, also see step 506 in Fig. 5B); and configuring the transceiver circuitry (see transmission component 1004 in Fig. 10) to report results of the at least one measurement to the network (see step 640 in Fig. 6A, wherein the EMR measurement results are sent to the network node 110). Regarding claim 13, wherein the at least one measurement is performed during an Idle state (see Fig. 6A, wherein the UE switch to idle state before performing EMR in step 615). Regarding claim 14, wherein the results are reported to the network during a Connected state (see Fig. 6A, wherein the UE performs RRC connection in step 635 before reporting the EMR measurement results to the Network Node 110 in step 640). Regarding claim 16, wherein the configuration information for the two or more frequency layers is received in one of: an RRC CONNECTION RELEASE message (see RRC Release including EMR configuration ins step 605 of Fig. 6A); or a SIB message. Regarding claim 17, a non-volatile computer-readable medium (see UE 120 in Fig. 6A including memory 282 in Fig. 2) that stores instructions that, when executed, cause processing circuitry to: process configuration information for two or more frequency layers (see step 605 in Fig. 6A, wherein the UE obtains the EMR configuration, wherein “the configuration may identify carriers and/or frequencies (e.g., frequency layers) configured for cell reselection measurements…” recited in paragraph [0102], wherein exemplary frequency layers are shown in Fig. 5A-5B); determine, based on the configuration information, at least one frequency layer of the two or more frequency layers to prioritize for EMR (see “the configuration may identify carriers and/or frequencies (e.g., frequency layers) configured for cell reselection measurements, and the configuration may indicate respective cell reselection priorities associated with the frequencies (or the carriers) configured for the cell reselection measurements” recited in paragraph [0102] and Fig. 5A-5B shows that the frequency layers having different priorities); perform at least one measurement on the determined at least one frequency layer (see step 615 in Fig. 6A, wherein EMR is performed on the frequency layers, also see step 506 in Fig. 5B); and prepare a report of results of the at least one measurement for transmission to a network (see step 640 in Fig. 6A, wherein the EMR measurement results are sent to the network node 110). Regarding claim 18, wherein the determination of the at least one frequency layer of the two or more frequency layers to prioritize for EMR is further based, at least in part on: location information; mobility state information (see “FIG. 5B shows inter-frequency measurements performed in the frequency layers by the idle/inactive mode UE in a case in which the UE mobility criterion is not satisfied for the UE…In this case, cell/carrier reselection measurements are performed only for carriers in frequency layers f3 and f4 (e.g., the frequency layers with higher cell reselection priorities than the frequency layer f0 on which the UE is camped)” recited in paragraph [0092], wherein frequency layer f3 utilizes EMR as shown in Fig. 5B); current network traffic levels; or current RF conditions. Regarding claim 19, wherein the results are prepared for reporting to the network in response to a request from the network (see “In this case, the network node 110 may transmit, to the UE 120, a UE information request including a measurement report request, and the UE 120 may transmit, to the network node 110, the measurement results associated with the EMR measurements in one or more EMRs in a UE information response” recited in paragraph [0129]). Park does not disclose the following features: regarding claims 1 and 12, wherein the configuration information for the two or more frequency layers comprises information specifying one or more of: intended use cases for a given frequency layer RF conditions for a given frequency layer; or latency service levels for a given frequency layer; regarding claim 5, wherein the configuration information for the two or more frequency layers comprises an identifier selected from a predetermined enumerated list of service type identifiers Hoehne discloses the following features. Regarding claims 1 and 12, wherein the configuration information for the two or more frequency layers comprises information specifying one or more of: intended use cases for a given frequency layer (see “The macro cell advertises the small cell services (via layer information) in the system information broadcast (SIB). Relevant SIB elements link a service ID (SID) to one or more frequency layers which belong to the small cells in the coverage area of the macro cell” recited in paragraph [0023], wherein the advertised services are considered as the claimed intended use cases); RF conditions for a given frequency layer; or latency service levels for a given frequency layer. Regarding claim 5, wherein the configuration information for the two or more frequency layers comprises an identifier selected from a predetermined enumerated list of service type identifiers (see “The macro cell advertises the small cell services (via layer information) in the system information broadcast (SIB). Relevant SIB elements link a service ID (SID) to one or more frequency layers which belong to the small cells in the coverage area of the macro cell” recited in paragraph [0023], wherein the service ID must be a number within a list of different SIDs). It would have been obvious to one of ordinary skill in the art at the effective filing date of the current Application to modify the system of Park using features, as taught by Hoehne, in order to advertise services that are offered by the cell (see paragraph [0023] of Hoehne). Claim(s) 9-11 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park and Hoehne as applied to claims 1 and 17 above, and further in view of Tseng (US 2020/0396633). Park and Hoehne disclose the features as shown above. Park does not disclose the following features: regarding claims 9 and 20, wherein the results are prepared for reporting to the network in response to the processing circuitry receiving an UL grant from the network, and wherein the results are prepared for reporting to the network via the received UL grant; regarding claim 10, wherein the processing circuitry is configured to receive the UL grant from the network; regarding claim 11, wherein the UL grant comprises at least one of a CG-based UL grant or a SR-based UL grant. Tseng discloses the following features. Regarding claims 9 and 20, wherein the results are prepared for reporting to the network in response to the processing circuitry receiving an UL grant from the network, and wherein the results are prepared for reporting to the network via the received UL grant (see “after receiving the msgA, the serving RAN 304 (or serving cell) may transmit the msgB with the UL grant to the UE 302. In action 314, after receiving the msgB successfully, the UE 302 may transmit a measurement report (e.g., an NR-U measurement report and/or an NR measurement report) on the given UL grant” recited in paragraph [0054] and Fig. 3; wherein the measurement is an Early Measurement). Regarding claim 10, wherein the processing circuitry is configured to receive the UL grant from the network (see “after receiving the msgA, the serving RAN 304 (or serving cell) may transmit the msgB with the UL grant to the UE 302. In action 314, after receiving the msgB successfully, the UE 302 may transmit a measurement report (e.g., an NR-U measurement report and/or an NR measurement report) on the given UL grant” recited in paragraph [0054] and Fig. 3; wherein the measurement is an Early Measurement). Regarding claim 11, wherein the UL grant comprises at least one of a CG-based UL grant or a SR-based UL grant (see “after receiving the msgA, the serving RAN 304 (or serving cell) may transmit the msgB with the UL grant to the UE 302. In action 314, after receiving the msgB successfully, the UE 302 may transmit a measurement report (e.g., an NR-U measurement report and/or an NR measurement report) on the given UL grant” recited in paragraph [0054] and Fig. 3; wherein the measurement is an Early Measurement; and see “Scheduling Request (SR) recited in paragraph [0048]). It would have been obvious to one of ordinary skill in the art at the effective filing date of the current Application to modify the system of Park and Hoehne using features, as taught by Tseng, in order to obtain resource to transmit the measurement report (see paragraph [0048] of Tseng). Claim Rejections - 35 USC § 103 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 JUTAI KAO whose telephone number is (571)272-9719. The examiner can normally be reached Monday-Friday 8:00-17:00 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, Kwang Yao can be reached at (571)272-3182. 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. /JUTAI KAO/Primary Examiner, Art Unit 2473
Read full office action

Prosecution Timeline

Jan 16, 2024
Application Filed
Dec 19, 2025
Non-Final Rejection mailed — §103
Mar 17, 2026
Response Filed
Apr 16, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12672123
COMMUNICATION DEVICES AND METHODS
4y 8m to grant Granted Jun 30, 2026
Patent 12659811
Cell Switching in Response to L1/L2 Triggered Mobility
2y 9m to grant Granted Jun 16, 2026
Patent 12652582
METHOD AND APPARATUS FOR COMMUNICATION IN WIRELESS MOBILE COMMUNICATION SYSTEM
2y 9m to grant Granted Jun 09, 2026
Patent 12647942
METHOD AND DEVICE FOR DISCONTINUOUS RECEPTION
3y 11m to grant Granted Jun 02, 2026
Patent 12634064
CHANNEL STATE INFORMATION REFERENCE SIGNALS IN ORTHOGONAL TIME FREQUENCY SPACE
3y 10m to grant Granted May 19, 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
80%
Grant Probability
97%
With Interview (+17.4%)
3y 2m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 670 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