Prosecution Insights
Last updated: April 19, 2026
Application No. 18/417,475

GAP EXECUTION METHOD AND APPARATUS AND TERMINAL

Non-Final OA §103
Filed
Jan 19, 2024
Examiner
SUGDEN, NOAH JAMES
Art Unit
2475
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
8 granted / 11 resolved
+14.7% vs TC avg
Strong +36% interview lift
Without
With
+36.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
48 currently pending
Career history
59
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
69.7%
+29.7% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
6.9%
-33.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 11 resolved cases

Office Action

§103
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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN 202110826028.0, filed on 07/21/2021. Information Disclosure Statement The information disclosure statement (IDS) submitted on 05/07/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claims 5 and 17 objected to because of the following informalities: Claims 5 and 17 contain the limitation “executing the first task before the first task begins”. Examiner interprets this should be stated “executing the first task before the first gap begins” in parity with the similar limitation in the preceding line. Appropriate correction is required. 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. 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. Claims 1-2, 10, 13-14, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu, Weijie (2021/0136809), herein Xu in view of Cabera Mercader et al. (2024/0129904), hereinafter Cabera Mercader. Re. Claim 1, A gap execution method, comprising: in a case that a first gap overlaps a second gap (¶0070 - SS1 (Search Space 1) and SS2 (Search Space 2) have an overlapping region in time (they may overlap completely or partially)) OR a measurement occasion corresponding to a first task, performing, by a terminal device, first processing on the first gap (¶0068 - the terminal device determines the first receiving bandwidth of the downlink signal based on first bandwidths of the first control resource sets corresponding to the multiple search spaces respectively. Examiner is not interpreting this determination of bandwidth as the processing which ignores or uses the first gap, rather examiner is citing this as a means to show that Xu teaches the act of performing processing by a terminal device); wherein the terminal device is configured with at least one gap, the first gap and the second gap belong to the at least one gap (¶0070 - a time range of the overlapping of the SS1 and the SS2 in time is [t1, t2]). However, Xu does not expressly teach wherein the first processing comprises ignoring the first gap or using the first gap. Yet, Cabera Mercader explicitly teaches wherein the first processing comprises ignoring the first gap OR using the first gap (¶0153 - In other words, when two measurement gap occasions overlap, one of them might cancel the other. As such, only one measurement gap occasion gap may be used by the UE 115 for channel measurements. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Cabera Mercader to the teaching of Xu. The motivation for such would be as Cabera Mercader provides that, in the event of an overlap of gaps, one gap may be ignored and one may be used (Cabera Mercader, ¶0153). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention. Re. Claim 10, A gap execution method, comprising: in a case that a first gap overlaps a second gap (¶0070 - SS1 (Search Space 1) and SS2 (Search Space 2) have an overlapping region in time (they may overlap completely or partially); wherein the first gap and the second gap are gaps configured by the network side device for a terminal device (¶0084 - the network device configures multiple PDCCH search spaces to the terminal). However, Xu does not expressly teach ignoring, by the network side device, the first gap. Yet, Cabera Mercader explicitly teaches ignoring, by the network side device, the first gap (¶0153 - In other words, when two measurement gap occasions overlap, one of them might cancel the other. As such, only one measurement gap occasion gap may be used by the UE 115 for channel measurements). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Cabera Mercader to the teaching of Xu. The motivation for such would be as Cabera Mercader provides that, in the event of an overlap of gaps, one gap may be ignored and one may be used (Cabera Mercader, ¶0153). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention. Re. Claim 13, A terminal, comprising a processor, a memory, and a program or instruction stored on the memory and executable on the processor, wherein when the program or instruction is executed by the processor (¶0154 - The processor 610 may call and run a computer program from a memory to implement the method in the implementation of the present disclosure), following steps are implemented: (¶0070 - SS1 (Search Space 1) and SS2 (Search Space 2) have an overlapping region in time (they may overlap completely or partially)) OR a measurement occasion corresponding to a first task, performing, by a terminal device, first processing on the first gap (¶0068 - the terminal device determines the first receiving bandwidth of the downlink signal based on first bandwidths of the first control resource sets corresponding to the multiple search spaces respectively. Examiner is not interpreting this as the processing which ignores or uses the first gap, rather examiner is citing this as a means to show that Xu teaches the act of performing processing by a terminal device); wherein the terminal device is configured with at least one gap, the first gap and the second gap belong to the at least one gap (¶0070 - a time range of the overlapping of the SS1 and the SS2 in time is [t1, t2]). However, Xu does not expressly teach wherein the first processing comprises ignoring the first gap or using the first gap. Yet, Cabera Mercader explicitly teaches wherein the first processing comprises ignoring the first gap OR using the first gap (¶0153 - In other words, when two measurement gap occasions overlap, one of them might cancel the other. As such, only one measurement gap occasion gap may be used by the UE 115 for channel measurements. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Cabera Mercader to the teaching of Xu. The motivation for such would be as Cabera Mercader provides that, in the event of an overlap of gaps, one gap may be ignored and one may be used (Cabera Mercader, ¶0153). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention. Re. Claims 2 and 14, Xu and Cabera Mercader teach Claims 1 and 13 Additionally, Xu further teaches wherein in a case that the first gap overlaps the second gap, using, by the terminal device, the first gap comprises any one of the following: using the first gap and ignoring the second gap (¶0153 - Based on the determination of the overlap portion 1125, a UE 115 may be configured to ignore the first measurement gap occasion 1205 or the second measurement gap occasion 1210. In other words, when two measurement gap occasions overlap, one of them might cancel the other. Additionally, due to the presence of “any one of the following” Examiner interprets only one of the subsequent limitations need be mapped to satisfy this claim); using the first gap and using the second gap after the first gap ends; using the first gap and using the second gap before the first gap begins; using a third gap and using the second gap, wherein the third gap is a portion of the first gap that does not overlap the second gap; using the second gap within the first duration and using the first gap within the second duration; wherein the first duration comprises a first number of time units that are earlier in the first gap, and the second duration comprises time units in the first gap other than the first number of time units; and using the second gap within a third duration and using the first gap within a fourth duration, wherein the third duration comprises a second number of time units that are later in the first gap, and the fourth duration comprises time units in the first gap other than the second number of time units. Re. Claims 20, Xu and Cabera Mercader teach Claim 10 Xu further teaches a network side device, comprising a processor, a memory, and a program or instruction stored on the memory and executable on the processor, wherein when the program or instruction is executed by the processor (¶0157 - the communication device 600 may further include a transceiver 630, and the processor 610 may control the transceiver 630 to communicate with another device), steps of the gap execution method according to claim 10 are implemented. Claims 3-4, 11-12, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Cabera Mercader and Zhang et al. (CN 114071722), hereinafter Zhang 1. Re. Claims 3 and 15, Xu and Cabera Mercader teach Claims 2 and 14 However, the combination of Xu and Cabera Mercader does not expressly teach wherein the using the first gap and ignoring the second gap comprises: the terminal uses the first gap and ignores the second gap in a case that at least one of the following is met: the first gap has a higher priority than the second gap; destination information of the first gap has a higher priority than destination information of the second gap; a length of the first gap is longer than a length of the second gap; and a start time of the first gap is earlier than a start time of the second gap. Yet, Zhang 1 explicitly teaches wherein the using the first gap and ignoring the second gap comprises: the terminal uses the first gap and ignores the second gap in a case that AT LEAST ONE OF THE FOLLOWING is met: the first gap has a higher priority than the second gap (Pg. 21, Line 31 - if the GAP period measured by the current GAP is high priority, and there is scheduling task in the GAP period, the terminal device ignores the scheduling task, continuously performing GAP measurement of the high priority. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “at least one of the following”); destination information of the first gap has a higher priority than destination information of the second gap; a length of the first gap is longer than a length of the second gap; and a start time of the first gap is earlier than a start time of the second gap. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Zhang 1 to the teaching of Xu and Cabera Mercader. The motivation for such would be as Zhang 1 provides that priority may be used to determine whether the first or second gap is used (Zhang 1, Pg. 21, Line 31). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention. Re. Claims 4 and 16, Xu and Cabera Mercader teaches Claim 1 and 13. However, the combination of Xu and Cabera Mercader does not expressly teach wherein in a case that the first gap overlaps the second gap, ignoring, by the terminal device, the first gap comprises: the terminal device ignores the first gap in a case that at least one of the following is met: a length of the first gap is shorter than a length of the second gap; a start time of the first gap is later than a start time of the second gap; destination information of the first gap has a lower priority than destination information of the second gap; and the first gap has a lower priority than the second gap. Yet, Zhang 1 explicitly teaches wherein in a case that the first gap overlaps the second gap, ignoring, by the terminal device, the first gap comprises: the terminal device ignores the first gap in a case that AT LEAST ONE OF THE FOLLOWING is met: a length of the first gap is shorter than a length of the second gap; a start time of the first gap is later than a start time of the second gap; destination information of the first gap has a lower priority than destination information of the second gap; and the first gap has a lower priority than the second gap (Pg. 21, Line 30 - if the GAP period measured by the current GAP is low priority, and there is scheduling task in the GAP period, the terminal device jumping over-low priority GAP measurement. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “at least one of the following”). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Zhang to the teaching of Xu and Cabera Mercader. The motivation for such would be as Zhang provides that priority may be used to determine whether the first or second gap is used (Zhang, Pg. 21, Line 30). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention. Re. Claim 11, Xu and Cabera Mercader teach Claim 10 However, the combination of Xu and Cabera Mercader does not expressly teach wherein the ignoring, by the network side device, the first gap in a case that a first gap overlaps a second gap comprises: the network side device ignores the first gap in a case that at least one of the following is met: a length of the first gap is shorter than a length of the second gap; a start time of the first gap is later than a start time of the second gap; destination information of the first gap has a lower priority than destination information of the second gap; and the first gap has a lower priority than the second gap and/or, wherein the method further comprises: in a case that a first condition is met, performing, by the network side device, the step of ignoring the first gap, wherein the first condition comprises at least one of the following: receiving a first message sent by the terminal device, wherein the first message comprises at least one of an MCG failure message, an SCG failure message and a first indication message, and the first indication message is used to indicate to the network side device that the network side device ignores the first gap; and receiving a measurement report message sent by the terminal device. Yet, Zhang 1 explicitly teaches wherein the ignoring, by the network side device, the first gap in a case that a first gap overlaps a second gap comprises: the network side device ignores the first gap in a case that AT LEAST ONE OF THE FOLLOWING is met: a length of the first gap is shorter than a length of the second gap; a start time of the first gap is later than a start time of the second gap; destination information of the first gap has a lower priority than destination information of the second gap; and the first gap has a lower priority than the second gap (Pg. 21, Line 30 - if the GAP period measured by the current GAP is low priority, and there is scheduling task in the GAP period, the terminal device jumping over-low priority GAP measurement. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “one of the following” and “and/or”); AND/OR, wherein the method further comprises: in a case that a first condition is met, performing, by the network side device, the step of ignoring the first gap, wherein the first condition comprises at least one of the following: receiving a first message sent by the terminal device, wherein the first message comprises at least one of an MCG failure message, an SCG failure message and a first indication message, and the first indication message is used to indicate to the network side device that the network side device ignores the first gap; and receiving a measurement report message sent by the terminal device. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Zhang 1 to the teaching of Xu and Cabera Mercader. The motivation for such would be as Zhang 1 provides that priority may be used to determine whether the first or second gap is used (Zhang 1, Pg. 21, Line 30). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention. Re. Claim 12, Xu and Cabera Mercader teach Claim 10 However, the combination of Xu and Cabera Mercader does not expressly teach wherein the method further comprises: in the case that the first gap is ignored, sending, by the network side device, terminal scheduling information to the terminal device; and/or, wherein before the network side device ignores the first gap, the method further comprises at least one of the following: receiving, by the network side device, a first gap request sent by the terminal device, wherein the first gap request carries at least priority information of the first gap and/or purpose information of the first gap; and sending, by the network side device, gap configuration information to the terminal device, wherein the gap configuration information at least carries priority information of the first gap and/or purpose information of the first gap. Yet, Zhang 1 explicitly teaches wherein the method further comprises: in the case that the first gap is ignored, sending, by the network side device, terminal scheduling information to the terminal device (Pg. 3, Line 15 - the network device also can send scheduling task to the terminal device. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “at least one of the following” and “and/or”); AND/OR, wherein before the network side device ignores the first gap, the method further comprises at least one of the following: receiving, by the network side device, a first gap request sent by the terminal device, wherein the first gap request carries at least priority information of the first gap and/or purpose information of the first gap; and sending, by the network side device, gap configuration information to the terminal device, wherein the gap configuration information at least carries priority information of the first gap AND/OR purpose information of the first gap. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Zhang 1 to the teaching of Xu and Cabera Mercader. The motivation for such would be as Zhang 1 provides that when a gap is ignored, scheduling information may be sent (Zhang 1, Pg. 3, Line 15). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention. Claims 5-6 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Cabera Mercader and Zhang et al. (2011/0116364), hereinafter Zhang 2. Re. Claims 5 and 17, Xu and Cabera Mercader teaches Claim 1 and 13. However, the combination of Xu and Cabera Mercader does not expressly teach wherein in a case that the first gap overlaps the measurement occasion corresponding to the first task, using, by the terminal device, the first gap comprises any one of the following: using the first gap and ignoring the first task; using the first gap and executing the first task after the first gap ends; and using the first gap and executing the first task before the first task begins. Yet, Zhang 2 explicitly teaches wherein in a case that the first gap overlaps the measurement occasion corresponding to the first task, using, by the terminal device, the first gap comprises any one of the following: using the first gap and ignoring the first task; using the first gap and executing the first task after the first gap ends (¶0042 - determining to cancel or keep the measurement gap according to the capability of the terminal; if the terminal is capable of completing the processing of uplink grant and the execution of gap-assisted measurement simultaneously in the time period, then keeping the measurement gap; if not, then cancelling the measurement gap. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “at least one of the following”); and using the first gap and executing the first task before the first task begins. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Zhang 2 to the teaching of Xu and Cabera Mercader. The motivation for such would be as Zhang 2 provides that the above represented process of selecting between gaps can be applied to a gap and a process that overlap in time (Zhang 2, ¶0042). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention. Re. Claims 6 and 18, Xu, Cabera Mercader and Zhang 2 teach Claims 5 and 17. Additionally, Xu further teaches wherein in a case that the first task is an RRM measurement task (¶0081 - if the terminal device has a requirement of receiving another signal, such as a configuration or synchronization requirement based on a Channel State Information (CSI) measurement, a Radio Resource Measurement (RRM), and a Radio Link Monitoring (RLM) measurement) AND/OR the terminal device ignores a measurement gap, a measurement period corresponding to the RRM measurement task is a first length, the first length is obtained by extending a length of the measurement period by a length of at least one first gap, and the measurement gap is associated with a measurement occasion corresponding to the RRM measurement task (¶0081 - the terminal device may determine the downlink receiving bandwidth based on a bandwidth satisfying the above operation requirement (the downlink receiving bandwidth needs to be greater than or equal to the bandwidth satisfying the above operation requirement. The “operation requirement” stated here is referring to the previously cited signal options that can be received, as such Examiner interprets that if an RRC signal is obtained then the terminal can determine the measurement period based on the bandwidth needed to perform the RRM). Claims 7-9, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Cabera Mercader and Tsuboi et al. (2024/0064785), hereinafter Tsuboi. Re. Claims 7 and 19, Xu and Cabera Mercader teach Claims 1 and 13. However, the combination of Xu and Cabera Mercader does not expressly teach wherein the method further comprises: in a case that a first condition is met, performing, by the terminal device, the step of ignoring the first gap, wherein the first condition comprises at least one of the following: master cell group (MCG) radio link failure; secondary cell group (SCG) radio link failure; a first timer starts running, wherein the first timer is configured to monitor whether a radio link fails; the terminal device sends a first message, wherein the first message comprises at least one of an MCG failure message, an SCG failure message and a first indication message, and the first indication message is used to indicate to the network side device that the terminal device ignores the first gap; the terminal device initiates an MCG failure information process; the terminal device initiates an SCG failure information process; and the terminal device sends a measurement report message. Yet, Tsuboi explicitly teaches wherein the method further comprises: in a case that a first condition is met, performing, by the terminal device, the step of ignoring the first gap, wherein the first condition comprises at least one of the following: master cell group (MCG) radio link failure (¶0323 - in the MCG, in a case that the timer T310 expires, the timer T312 expires, the terminal apparatus receives notification of a problem of random access from a MAC layer of the MCG while none of multiple specific timers runs, or the terminal apparatus receives notification that retransmission of the SRB or the DRB has reached a maximum number of times of retransmission from an RLC layer of the MCG, the terminal apparatus determines that a radio link failure has been detected in the MCG. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “at least one of the following”); secondary cell group (SCG) radio link failure; a first timer starts running, wherein the first timer is configured to monitor whether a radio link fails; the terminal device sends a first message, wherein the first message comprises at least one of an MCG failure message, an SCG failure message and a first indication message, and the first indication message is used to indicate to the network side device that the terminal device ignores the first gap; the terminal device initiates an MCG failure information process; the terminal device initiates an SCG failure information process; and the terminal device sends a measurement report message. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Tsuboi to the teaching of Xu and Cabera Mercader. The motivation for such would be as Tsuboi provides that the gap can be ignored when a MCG radio link failure is detected (Tsuboi, ¶0323). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention. Re. Claims 8, Xu, Cabera Mercader, and Tsuboi teach Claim 7 However, the combination of Xu and Cabera Mercader does not expressly teach wherein in a case that a measurement report message is sent, ignoring the first gap comprises: ignoring the first gap within a fifth duration after sending the measurement report message. Yet, Tsuboi explicitly teaches wherein in a case that a measurement report message is sent, ignoring the first gap comprises: ignoring the first gap within a fifth duration after sending the measurement report message (¶0447 - The measurement gap configuration (measGapConfig) includes information of a length and periodicity of a measurement gap. The measurement gap configuration may be independently configured for each terminal apparatus or for each prescribed frequency range. Examiner interprets that if the configuration message include a length and periodicity of the gap then the configuration could include the duration in which the gap should be ignored. Since the “fifth duration” here is not defined in previous claim language to establish where this duration is in relation to other durations, Examiner interprets that the configuration information would be able to generically allow the gap to be ignored during said duration). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Tsuboi to the teaching of Xu and Cabera Mercader. The motivation for such would be as Tsuboi provides that the gap can be ignored when a duration after the report message is sent (Tsuboi, ¶0447). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention. Re. Claims 9, Xu and Cabera Mercader teach Claim 1 However, the combination of Xu and Cabera Mercader does not expressly teach wherein ignoring the first gap comprises any one of the following: releasing configuration information corresponding to the first gap; ignoring the fourth gap, wherein the fourth gap is the first gap that overlaps the second gap or the measurement occasion corresponding to the first task, or the fourth gap is the first gap when the first condition is met; and ignoring the fourth gap and at least one first gap located after the fourth gap; and/or, wherein the method further comprises: in a case that the first gap is used, canceling, by the terminal device, monitoring of a monitoring occasion of a power saving signal, wherein the power saving signal at least comprises a DCP signal and/or a wake-up signal; and/or, wherein the method further comprises: in a case that the first gap is ignored, receiving, by the terminal device, terminal scheduling information sent by the network side device during the first gap; and/or, wherein before performing the first processing on the first gap, the method further comprises at least one of the following: sending, by the terminal device, a first gap request to the network side device, wherein the first gap request carries at least priority information of the first gap and/or purpose information of the first gap; and receiving gap configuration information sent by the network side device, wherein the gap configuration information at least carries priority information of the first gap and/or purpose information of the first gap. Yet, Tsuboi explicitly teaches wherein ignoring the first gap COMPRISES ANY ONE OF THE FOLLOWING: releasing configuration information corresponding to the first gap (¶0017 - A measurement configuration included in the RRC message includes a measurement object and a reporting configuration & ¶0447 - The measurement gap configuration (measGapConfig) includes information of a length and periodicity of a measurement gap. The measurement gap configuration may be independently configured for each terminal apparatus or for each prescribed frequency range. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “at least one of the following” and “and/or”); ignoring the fourth gap, wherein the fourth gap is the first gap that overlaps the second gap or the measurement occasion corresponding to the first task, or the fourth gap is the first gap when the first condition is met; and ignoring the fourth gap and at least one first gap located after the fourth gap; AND/OR, wherein the method further comprises: in a case that the first gap is used, canceling, by the terminal device, monitoring of a monitoring occasion of a power saving signal, wherein the power saving signal at least comprises a DCP signal and/or a wake-up signal; AND/OR, wherein the method further comprises: in a case that the first gap is ignored, receiving, by the terminal device, terminal scheduling information sent by the network side device during the first gap; AND/OR, wherein before performing the first processing on the first gap, the method further comprises at least one of the following: sending, by the terminal device, a first gap request to the network side device, wherein the first gap request carries at least priority information of the first gap and/or purpose information of the first gap; and receiving gap configuration information sent by the network side device, wherein the gap configuration information at least carries priority information of the first gap and/or purpose information of the first gap. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Tsuboi to the teaching of Xu and Cabera Mercader. The motivation for such would be as Tsuboi provides a means for releasing configuration information regarding the first gap (Tsuboi, ¶0017). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zheng et al. (2022/0174623) - ¶0062-0076 Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH JAMES SUGDEN whose telephone number is (571)270-7406. The examiner can normally be reached Mon-Thurs 9:00-6:00 ET, Fri 9:00-1:00 ET. 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, Khaled Kassim can be reached at (571) 270-3770. 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. /N.J.S./Examiner, Art Unit 2475 /KHALED M KASSIM/supervisory patent examiner, Art Unit 2475
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Prosecution Timeline

Jan 19, 2024
Application Filed
Jan 26, 2026
Non-Final Rejection — §103 (current)

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USER EQUIPMENT AND CALL RECOVERY METHOD EXECUTED BY THE SAME
2y 5m to grant Granted Dec 23, 2025
Patent 12477455
INTELLIGENT QUERYING FOR NETWORK COVERAGE
2y 5m to grant Granted Nov 18, 2025
Patent 12457075
CHANNEL STATE INFORMATION OVERHEAD REDUCTION BY NETWORK SIGNALED USER EQUIPMENT SPECIFIC ADJUSTMENTS BEFORE MEASUREMENTS
2y 5m to grant Granted Oct 28, 2025
Patent 12452940
APPARATUS AND METHOD FOR CONFIGURING DATA COMMUNICATION BETWEEN ROBOT COMPONENTS IN DIFFERENT NETWORKS
2y 5m to grant Granted Oct 21, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
99%
With Interview (+36.4%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 11 resolved cases by this examiner. Grant probability derived from career allow rate.

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