Prosecution Insights
Last updated: July 17, 2026
Application No. 18/413,505

CONFIGURATION METHOD AND APPARATUS FOR MEASUREMENT GAP SHARING RULE

Final Rejection §102§103
Filed
Jan 16, 2024
Priority
Jul 16, 2021 — CN 202110805390.X +1 more
Examiner
YUEN, KAN
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
751 granted / 846 resolved
+30.8% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
27 currently pending
Career history
869
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
80.1%
+40.1% vs TC avg
§102
2.7%
-37.3% vs TC avg
§112
12.2%
-27.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 846 resolved cases

Office Action

§102 §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 claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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. Claim(s) 1-5, 9-13, 17-20 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Cui et al. (Pub No.: 2024/0163752). Regarding claim 17, Cui et al. discloses a terminal (see UE in fig. 2 or fig. 9), comprising a processor (see processor 205 in fig. 2), a memory (see memory 210 in fig. 2), and a program or an instruction stored in the memory and executable on the processor, wherein the program or the instruction, when executed by the processor, causes the terminal to perform: receiving, by the terminal, configuration signaling (see fig. 4, step 405 or step 910 in fig. 9) sent by a network side device (read as the gNB 120a in fig. 9), wherein the configuration signaling configures, for the terminal, a correspondence between at least one measurement gap pattern among a plurality of measurement gap patterns and a measurement gap sharing rule, and each measurement gap patterns corresponds to one measurement gap sharing rule (Cui et al. see fig. 9, step 910; abstract; para. 0072, 0073; In para. 0072, …the gNB 120A transmits measurement gap sharing configuration information to the UE 110. This information may indicate how a measurement gap is to be shared for L1/L2 based mobility and L3 based mobility. In para. 0073, …Those skilled in the art will understand that other configuration information may be provided to the UE 110 for L1/L2 based mobility and L3 based mobility. This information may include, but is not limited to, the type of measurements to be performed, threshold values, measurement report types, neighbor cell frequencies, TCI states, measurement gap pattern configuration information). In other words, in step 910 of fig. 9, the UE 110 receives the measurement gap sharing configuration information from the gNB. The measurement gap sharing configuration information includes a measurement gap sharing scheme/rule. In addition, the measurement gap sharing configuration information may also include measurement gap pattern configuration information. Thus, the measurement gap sharing configuration information configures the measurement gap sharing scheme that is associated (e.g., correspondence) with the measurement gap pattern configuration information. Although Cui et al. does not explicitly disclose a plurality of measurement gap patterns and each measurement gap pattern corresponds to one measurement gap sharing rule, an official notice is taken that repeating the steps in fig. 9 is known in the art and it allows configuration of a plurality of measurement gap patterns and each measurement gap pattern corresponds to a measurement gap sharing scheme/rule. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Cui et al. and to implement a feature for repeating steps of fig. 9 such that the UE is configured with a second (e.g., plurality) of gap pattern(s) and each gap pattern corresponds to a gap sharing scheme/rule. The motivation would be to improve transmission reliability. Claim 1 is rejected similarly to claim 17. Regarding claim 9, Cui et al. discloses a configuration method for a measurement gap sharing rule, comprising: sending, by a network side device (read as the gNB 120a in fig. 9), configuration signaling (see fig. 4, step 405 or step 910 in fig. 9) to a terminal (read as UE 110 in fig. 9), wherein the configuration signaling configures, for the terminal, a correspondence between at least one measurement gap pattern among a plurality of measurement gap patterns and a measurement gap sharing rule, and each measurement gap patterns corresponds to one measurement gap sharing rule (Cui et al. see fig. 9, step 910; abstract; para. 0072, 0073; In para. 0072, …the gNB 120A transmits measurement gap sharing configuration information to the UE 110. This information may indicate how a measurement gap is to be shared for L1/L2 based mobility and L3 based mobility. In para. 0073, …Those skilled in the art will understand that other configuration information may be provided to the UE 110 for L1/L2 based mobility and L3 based mobility. This information may include, but is not limited to, the type of measurements to be performed, threshold values, measurement report types, neighbor cell frequencies, TCI states, measurement gap pattern configuration information). In other words, in step 910 of fig. 9, the UE 110 receives the measurement gap sharing configuration information from the gNB. The measurement gap sharing configuration information includes a measurement gap sharing scheme/rule. In addition, the measurement gap sharing configuration information may also include measurement gap pattern configuration information. Thus, the measurement gap sharing configuration information configures the measurement gap sharing scheme that is associated (e.g., correspondence) with the measurement gap pattern configuration information. Although Cui et al. does not explicitly disclose a plurality of measurement gap patterns and each measurement gap pattern corresponds to one measurement gap sharing rule, an official notice is taken that repeating the steps in fig. 9 is known in the art and it allows configuration of a plurality of measurement gap patterns and each measurement gap pattern corresponds to a measurement gap sharing scheme/rule. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Cui et al. and to implement a feature for repeating steps of fig. 9 such that the UE is configured with a second (e.g., plurality) of gap pattern(s) and each gap pattern corresponds to a gap sharing scheme/rule. The motivation would be to improve transmission reliability. Regarding claim 20, Cui et al. discloses a network side device (see base station or gNB 300 in fig. 3), comprising a processor (see processor 305 in fig. 3), a memory (see memory 310 in fig. 3), and a program or an instruction stored in the memory and executable on the processor, wherein when the program or the instruction is executed by the processor, steps of the configuration method for the measurement gap sharing rule according to claim 9 are implemented (see the rejection in claim 9 above). Regarding claims 2, 10, 18, Cui et al. discloses the feature wherein in the configuration signaling, the measurement gap pattern and the measurement gap sharing rule are in a one-to-one correspondence (Cui et al. see fig. 9, step 910; abstract; para. 0072, 0073; In para. 0072, …the gNB 120A transmits measurement gap sharing configuration information to the UE 110. This information may indicate how a measurement gap is to be shared for L1/L2 based mobility and L3 based mobility. In para. 0073, …Those skilled in the art will understand that other configuration information may be provided to the UE 110 for L1/L2 based mobility and L3 based mobility. This information may include, but is not limited to, the type of measurements to be performed, threshold values, measurement report types, neighbor cell frequencies, TCI states, measurement gap pattern configuration information). Thus, the measurement gap sharing configuration information includes the measurement gap pattern and the measurement gap sharing scheme are in one-to-one correspondence. Regarding claims 3, 11, 19, Cui et al. discloses the feature wherein among the plurality of measurement gap patterns configured for the terminal, different measurement gap patterns correspond to different measurement gap sharing rules (Cui et al. see fig. 9, step 910; abstract; para. 0040, 0044, 0045, 0072, 0073). Each measurement gap pattern may comprise different number of measurement gaps and each measurement gap sharing schemes may include “scheme A,” “scheme B,” “scheme C,” and “scheme D.”. Thus, each different measurement gap pattern may correspond to a different measurement gap sharing scheme. Regarding claims 4, 12, Cui et al. discloses the feature wherein the configuration signaling comprises the correspondence between one measurement gap pattern and the one measurement gap sharing rule (Cui et al. see fig. 9, step 910; abstract; para. 0072, 0073; In para. 0072, …the gNB 120A transmits measurement gap sharing configuration information to the UE 110. This information may indicate how a measurement gap is to be shared for L1/L2 based mobility and L3 based mobility. In para. 0073, …Those skilled in the art will understand that other configuration information may be provided to the UE 110 for L1/L2 based mobility and L3 based mobility. This information may include, but is not limited to, the type of measurements to be performed, threshold values, measurement report types, neighbor cell frequencies, TCI states, measurement gap pattern configuration information). Thus, the measurement gap sharing configuration information comprises the correspondence between the measurement gap pattern and the measurement gap sharing scheme. Regarding claims 5, 13, Cui et al. discloses the feature wherein the at least two measurement gap patterns form a first list, the at least two measurement gap sharing rules form a second list, and the at least two measurement gap patterns in the first list are in the one-to-one correspondence with the at least two measurement gap sharing rules in the second list (Cui et al. see fig. 9, step 910; abstract; para. 0072, 0073). In step 910 of fig. 9, the measurement gap sharing configuration information configures the measurement gap sharing scheme that corresponds with the measurement gap pattern configuration information in one-to-one fashion. Apparently, Cui et al. discloses the feature to configure one measurement gap sharing scheme and one measurement gap pattern in one-to-one correspondence. Although Cui et al. does not explicitly disclose at least two measurement gap patterns that form a first list and at least two measurement gap sharing rules that form a second list and wherein the first and the second lists are in a one-to-one correspondence, however an official notice is taken that configuration of multiple (e.g., first list) measurement gap patterns and multiple (e.g., second list) gap sharing schemes that are in one-to-one correspondence is well known in the art. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Cui et al. and to implement a feature for configuration of multiple (e.g., first list) measurement gap patterns and multiple (e.g., second list) gap sharing schemes that are in one-to-one correspondence. The motivation would be to simply UE implementation and thereby to improve transmission efficiency. Claim(s) 6, 7, 14, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cui et al. (Pub No.: 2024/0163752) in view of Futaki (Pub No.: 2018/0220303). Regarding claims 6, 14, Cui et al. does not explicitly disclose the feature wherein the configuration signaling further comprises configuration information of the terminal for supporting per UE measurement gap and/or per frequency range (FR) measurement gap. Futaki from the same or similar fields of endeavor discloses the feature wherein the configuration signaling further comprises configuration information of the terminal for supporting per UE measurement gap and/or per FR measurement gap (Futaki see para. 0122; When the predetermined control signaling is the L1/L2 signaling and the RRC signaling, the radio base station 1 first transmits, besides the configuration information (MeasConfig) that is necessary for the terminal measurement (in the cell) on the unlicensed frequency, configuration information about a terminal measurement gap used for the terminal measurement (Measurement Gap Configuration: MeasGapConfig) to the radio terminal 3 by the RRC signaling in advance. …Further, the radio base station 1 may notify the radio terminal 3 of a plurality of MeasGapConfigs (i.e., patterns of the terminal measurement gap) in advance and send the L1/L2 signaling to specify one of the MeasGapConfigs with which the terminal measurement should be executed. Note that MeasConfig may include the information regarding the period allowed for allocation.). The terminal receives configuration information about a terminal measurement gap used or supporting for the terminal. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Cui et al. and to implement with the feature as taught by Futaki wherein the configuration signaling comprises information of the terminal supporting per UE measurement gap or FR measurement gap. The motivation would be to improve transmission reliability. Regarding claims 7, 15, Futaki discloses the feature wherein the configuration signaling is MeasGapConfig configuration signaling (Futaki see para. 0122; When the predetermined control signaling is the L1/L2 signaling and the RRC signaling, the radio base station 1 first transmits, besides the configuration information (MeasConfig) that is necessary for the terminal measurement (in the cell) on the unlicensed frequency, configuration information about a terminal measurement gap used for the terminal measurement (Measurement Gap Configuration: MeasGapConfig) to the radio terminal 3 by the RRC signaling in advance.) It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Cui et al. and to implement with the feature as taught by Futaki wherein the configuration signaling is MeasGapConfig configuration signaling. The motivation would be to improve transmission reliability. Claim(s) 8, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cui et al. (Pub No.: 2024/0163752) in view of He et al. (Pub No.: 2024/0049035). Regarding claims 8, 16, Cui et al. does not explicitly disclose the feature wherein the configuration signaling further comprises information about a plurality of measurement gap patterns configured for the terminal; wherein the configuration signaling is gapconfig configuration signaling. He et al. from the same or similar fields of endeavor discloses the feature wherein the configuration signaling further comprises information about a plurality of measurement gap patterns configured for the terminal; wherein the configuration signaling is gapconfig configuration signaling (He et al. see abstract; para. 0215-0217; …receiving configuration information associated with a plurality of pre-configured measurement gap patterns). The UE receives the configuration information associated with measurement gap patterns. The configuration information is broadly interpreted as the gapconfig configuration signaling. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Cui et al. and to implement with the feature as taught by He et al. to receive a configuration signaling which comprises information about a plurality of measurement gap patterns. The motivation would be to improve transmission efficiency. Examiner's Note The Applicant is welcome to request a telephonic interview if the Applicant has any questions or requires any additional information that would further or expedite the prosecution of the application. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Callender et al. (Pub No.: 2021/0014751) discloses methods performed by a user equipment, UE, to schedule a plurality of measurement activities in a wireless network. Such embodiments include obtaining a measurement configuration (e.g., from a network node) relating to first and second groups of measurements, and a gap-sharing ratio between the first and second groups of measurements. Such embodiments also include selecting an analysis period for a measurement schedule, and determining, over the analysis period, measurement load information related to each of the first and second groups within one or more measurement gaps comprising the analysis period. Such embodiments also include determining, based on the measurement load information and the gap-sharing ratio, a measurement schedule for the first and second groups of measurements. Some embodiments include performing measurements according to the determined schedule. Other embodiments include methods performed by network nodes, as well as UEs and network nodes configured to perform the respective methods. 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 KAN YUEN whose telephone number is (571)270-1413. The examiner can normally be reached Monday - Friday 10:30am-7pm. 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, Ricky Ngo can be reached at 571-272-3139. 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. /KAN YUEN/Primary Examiner, Art Unit 2464
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Prosecution Timeline

Jan 16, 2024
Application Filed
Feb 04, 2026
Non-Final Rejection mailed — §102, §103
May 01, 2026
Response Filed
Jun 11, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+13.8%)
2y 10m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 846 resolved cases by this examiner. Grant probability derived from career allowance rate.

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