Prosecution Insights
Last updated: July 17, 2026
Application No. 18/437,993

MEASUREMENT GAP DEACTIVATION

Non-Final OA §103§112
Filed
Feb 09, 2024
Examiner
SHIVERS, ASHLEY L
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
535 granted / 615 resolved
+29.0% vs TC avg
Moderate +15% lift
Without
With
+14.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
19 currently pending
Career history
643
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
81.9%
+41.9% vs TC avg
§102
9.5%
-30.5% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 615 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1, 8 and 15 indicate to “detect that a plurality of conditions for deactivating a configured measurement gap are satisfied, wherein the plurality of conditions include that”. It is unclear whether all conditions have to be satisfied in order for the deactivation to occur as the plurality statement appears open ended. Additionally the support for the claim language appears to be coming from Figure 4 and [0090]-[0094]. In those particular citations of the specification, it appears that all the conditions do not need to be satisfied in order for the deactivation to occur. For examination purposes, Examiner will interpret that it applies to one or more conditions. By virtue of dependency, claims 2-7,9-14 and 16-20 are also being rejected. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1, 4-8 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TS 38.133 V17.12.0, hereinafter referred to as TS38.133 in view of Tseng (U.S. PGPub 2024/0147573), hereinafter referred to as Tseng. Regarding claim 1, TS38.133 teaches the apparatus for wireless communication at a user equipment (UE) configured to cause the UE to: detect that a plurality of conditions for deactivating a configured measurement gap are satisfied (The UE can autonomously change the Pre-MG status from activation to deactivation based on the following conditions being met; See Section 9.1.7.3.1), wherein the plurality of conditions include that: configured measurements within the configured measurement gap are synchronization signal block (SSB) intra-frequency measurements (The UE is configured with SSB based intra-frequency measurements and the condition defined for SSB based intra-frequency measurement without gaps are met; See Section 9.1.7.3.1) or channel state information reference signal (CSI-RS) intra-frequency measurements (The UE is configured with CSI-RS based intra-frequency measurements; See Section 9.1.7.3.1), the configured measurements are able to be performed without the configured measurement gap (The UE indicates ‘no-gap’ via intraFreq-needForGap for intra-frequency measurement; See Section 9.2.1), a target measurement SSB is completely contained in an active downlink bandwidth-part (BWP) of the UE (the SSB is completely contained in the active BWP of the UE; See Section 9.2.1), and deactivate the configured measurement gap in accordance with the plurality of conditions being satisfied (The UE can autonomously change the Pre-MG status from activation to deactivation based on the following conditions being met; See Section 9.1.7.3.1). TS38.133 fails to teach the structure of the apparatus performing the communications and a serving cell measurement object indicator is included in a corresponding BWP downlink dedicated information element. Tseng teaches a UE comprising one or more memories (memory; See Fig. 2, #272) storing processor-executable code; and one or more processors (processor; See Fig. 2, #270) coupled with the one or more memories, at least one processor of the one or more processors and a serving cell measurement object indicator being included in a corresponding BWP downlink dedicated information element (The UE shall ignore the bit if the corresponding measurement gap is not a pre- configured measurement gap. serving CellMO measObjectld of the MeasObjectNR in MeasConfig which is associated to the serving cell. For this MeasObjectNR, the following relationship applies between this MeasObjectNR and nonCellDefiningSSB in BWP-DownlinkDedicated of the associated downlink BWP: if ssbFrequency is configured, its value is the same as the absoluteFrequencySSB in the nonCellDefiningSSB. If the field is present in a downlink BWP and the BWP is activated, the RedCap UE uses this measurement object for serving cell measurements, otherwise, the RedCap UE uses the servingCellMO in ServingCellConfig IE; See [0343]-[0344]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of TS38.133 to include the structure of the UE and a serving cell measurement object indicator being included in a corresponding BWP downlink dedicated information element taught by Tseng in order to configure the UE specific parameters of the downlink BWP. Regarding claim 4, TS38.133 further teaches the apparatus of claim 1, wherein at least one processor of the one or more processors is configured to cause the UE to detect that one or more other conditions of a plurality of conditions for performing SSB intra-frequency measurements without the configured measurement gap are satisfied (The UE is configured with SSB based intra-frequency measurements and the condition defined for SSB based intra-frequency measurement without gaps are met; See Section 9.1.7.3.1). Regarding claim 5, TS38.133 further teaches the apparatus of claim 4, wherein the conditions for performing SSB intra-frequency measurements without the configured measurement gap include that a cell-defining SSB is within a configured UE-specific channel bandwidth (A SSB based intra-frequency measurement provided the centre frequency of the SSB of the serving cell indicated for measurement; See Section 9.2.1), the UE transmits a no-gap indicator (The UE indicates ‘no-gap’ via intraFreq-needForGap for intra-frequency measurement; See Section 9.2.1), the SSB is completely contained in the active downlink BWP (the SSB is completely contained in the active BWP of the UE; See Section 9.2.1), and the active downlink BWP is an initial BWP (the active downlink BWP is initial BWP; See Section 9.2.1). Regarding claim 6, TS38.133 further teaches the apparatus of claim 5, wherein the no-gap indicator is included within an intraFreq-needForGap information element (The UE indicates ‘no-gap’ via intraFreq-needForGap for intra-frequency measurement; See Section 9.2.1). Regarding claim 7, TS38.133 fails to teach the apparatus of claim 1, wherein the serving cell measurement object indicator is a servingCellMO indicator and the BWP downlink dedicated information element is a BWP-DownlinkDedicated information element. Tseng teaches wherein the serving cell measurement object indicator is a servingCellMO indicator and the BWP downlink dedicated information element is a BWP-DownlinkDedicated information element (The UE shall ignore the bit if the corresponding measurement gap is not a pre- configured measurement gap. serving CellMO measObjectld of the MeasObjectNR in MeasConfig which is associated to the serving cell. For this MeasObjectNR, the following relationship applies between this MeasObjectNR and nonCellDefiningSSB in BWP-DownlinkDedicated of the associated downlink BWP: if ssbFrequency is configured, its value is the same as the absoluteFrequencySSB in the nonCellDefiningSSB. If the field is present in a downlink BWP and the BWP is activated, the RedCap UE uses this measurement object for serving cell measurements, otherwise, the RedCap UE uses the servingCellMO in ServingCellConfig IE; See [0343]-[0344]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of TS38.133 to include wherein the serving cell measurement object indicator is a servingCellMO indicator and the BWP downlink dedicated information element is a BWP-DownlinkDedicated information element taught by Tseng in order to configure the UE specific parameters of the downlink BWP. Regarding claim 8, TS38.133 teaches a method of wireless communication performed at a user equipment (UE), comprising: detecting that a plurality of conditions for deactivating a configured measurement gap are satisfied (The UE can autonomously change the Pre-MG status from activation to deactivation based on the following conditions being met; See Section 9.1.7.3.1), wherein the plurality of conditions include that: configured measurements within the configured measurement gap are synchronization signal block (SSB) intra-frequency measurements (The UE is configured with SSB based intra-frequency measurements and the condition defined for SSB based intra-frequency measurement without gaps are met; See Section 9.1.7.3.1) or channel state information reference signal (CSI-RS) intra-frequency measurements (The UE is configured with CSI-RS based intra-frequency measurements; See Section 9.1.7.3.1), the configured measurements are able to be performed without the configured measurement gap (The UE indicates ‘no-gap’ via intraFreq-needForGap for intra-frequency measurement; See Section 9.2.1), a target measurement SSB is completely contained in an active downlink bandwidth-part (BWP) of the UE (the SSB is completely contained in the active BWP of the UE; See Section 9.2.1), and deactivating the configured measurement gap in accordance with the plurality of conditions being satisfied (The UE can autonomously change the Pre-MG status from activation to deactivation based on the following conditions being met; See Section 9.1.7.3.1). TS38.133 fails to teach a serving cell measurement object indicator is included in a corresponding BWP downlink dedicated information element. Tseng teaches a serving cell measurement object indicator is included in a corresponding BWP downlink dedicated information element (The UE shall ignore the bit if the corresponding measurement gap is not a pre- configured measurement gap. serving CellMO measObjectld of the MeasObjectNR in MeasConfig which is associated to the serving cell. For this MeasObjectNR, the following relationship applies between this MeasObjectNR and nonCellDefiningSSB in BWP-DownlinkDedicated of the associated downlink BWP: if ssbFrequency is configured, its value is the same as the absoluteFrequencySSB in the nonCellDefiningSSB. If the field is present in a downlink BWP and the BWP is activated, the RedCap UE uses this measurement object for serving cell measurements, otherwise, the RedCap UE uses the servingCellMO in ServingCellConfig IE; See [0343]-[0344]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of TS38.133 to include a serving cell measurement object indicator is included in a corresponding BWP downlink dedicated information element taught by Tseng in order to configure the UE specific parameters of the downlink BWP. Regarding claim 11, TS38.133 further teaches the method of claim 8, further comprising detecting that one or more other conditions of a plurality of conditions for performing SSB intra-frequency measurements without the configured measurement gap are satisfied (The UE is configured with SSB based intra-frequency measurements and the condition defined for SSB based intra-frequency measurement without gaps are met; See Section 9.1.7.3.1). Regarding claim 12, TS38.133 further teaches the method of claim 11, wherein the conditions for performing SSB intra-frequency measurements without the configured measurement gap include that a cell-defining SSB is within a configured UE-specific channel bandwidth (A SSB based intra-frequency measurement provided the centre frequency of the SSB of the serving cell indicated for measurement; See Section 9.2.1), the UE transmits a no-gap indicator (The UE indicates ‘no-gap’ via intraFreq-needForGap for intra-frequency measurement; See Section 9.2.1), the SSB is completely contained in the active downlink BWP (the SSB is completely contained in the active BWP of the UE; See Section 9.2.1), and the active downlink BWP is an initial BWP (the active downlink BWP is initial BWP; See Section 9.2.1). Regarding claim 13, TS38.133 further teaches the method of claim 12, wherein the no-gap indicator is included within an intraFreq-needForGap information element (The UE indicates ‘no-gap’ via intraFreq-needForGap for intra-frequency measurement; See Section 9.2.1). Regarding claim 14, TS38.133 fails to teach the method of claim 8, wherein the serving cell measurement object indicator is a servingCellMO indicator and the BWP downlink dedicated information element is a BWP-DownlinkDedicated information element. Tseng teaches wherein the serving cell measurement object indicator is a servingCellMO indicator and the BWP downlink dedicated information element is a BWP-DownlinkDedicated information element (The UE shall ignore the bit if the corresponding measurement gap is not a pre- configured measurement gap. serving CellMO measObjectld of the MeasObjectNR in MeasConfig which is associated to the serving cell. For this MeasObjectNR, the following relationship applies between this MeasObjectNR and nonCellDefiningSSB in BWP-DownlinkDedicated of the associated downlink BWP: if ssbFrequency is configured, its value is the same as the absoluteFrequencySSB in the nonCellDefiningSSB. If the field is present in a downlink BWP and the BWP is activated, the RedCap UE uses this measurement object for serving cell measurements, otherwise, the RedCap UE uses the servingCellMO in ServingCellConfig IE; See [0343]-[0344]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of TS38.133 to include wherein the serving cell measurement object indicator is a servingCellMO indicator and the BWP downlink dedicated information element is a BWP-DownlinkDedicated information element taught by Tseng in order to configure the UE specific parameters of the downlink BWP. Claims 15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (U.S. PGPub 2024/0251268), hereinafter referred to as Huang. Regarding claim 15, Huang teaches an apparatus for wireless communication at a network node, comprising: one or more memories (transceiver; See Fig. 2, #210) storing processor-executable code; and one or more processors (processing circuitry; See Fig. 2, #206) coupled with the one or more memories, at least one processor of the one or more processors configured to cause the network node to: transmit an indication of a plurality of conditions for deactivating a configured measurement gap (network signalling 304 that first activated the pre-configured measurement gap 311; See [0052]); and deactivate the configured measurement gap in accordance with the plurality of conditions being satisfied (the network signalling (either network signalling 304 or 306) that triggers a status change of a pre-configured measurement gap 311 may comprise a downlink control information (DCI) format, wherein the status change results in the deactivation; See [0052]), Huang fails to explicitly teach the plurality of conditions, wherein the plurality of conditions include that: TS38.133 teaches wherein the plurality of conditions include that configured measurements within the configured measurement gap are synchronization signal block (SSB) intra-frequency measurements (The UE is configured with SSB based intra-frequency measurements and the condition defined for SSB based intra-frequency measurement without gaps are met; See Section 9.1.7.3.1) or channel state information reference signal (CSI-RS) intra-frequency measurements (The UE is configured with CSI-RS based intra-frequency measurements; See Section 9.1.7.3.1), the configured measurements are able to be performed without the configured measurement gap (The UE indicates ‘no-gap’ via intraFreq-needForGap for intra-frequency measurement; See Section 9.2.1), a target measurement SSB is completely contained in an active downlink bandwidth-part (BWP) of a user equipment (UE) (the SSB is completely contained in the active BWP of the UE; See Section 9.2.1). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of Huang to include wherein the plurality of conditions include that: configured measurements within the configured measurement gap are synchronization signal block (SSB) intra-frequency measurements or channel state information reference signal (CSI-RS) intra-frequency measurements, the configured measurements are able to be performed without the configured measurement gap, and a target measurement SSB is completely contained in an active downlink bandwidth-part (BWP) of a user equipment (UE) taught by TS38.133 in order to configure the minimize measurement gaps. Huang in view of TS38.133 still fails to teach a serving cell measurement object indicator is included in a corresponding BWP downlink dedicated information element. Tseng teaches a serving cell measurement object indicator is included in a corresponding BWP downlink dedicated information element (See [0343]-[0344]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of Huang in view of TS38.133 to include a serving cell measurement object indicator is included in a corresponding BWP downlink dedicated information element taught by Tseng in order to configure the UE specific parameters of the downlink BWP. Regarding claim 18, Huang fails to teach the apparatus of claim 15, wherein at least one processor of the one or more processors is configured to cause the network node to detect that one or more other conditions of a plurality of conditions for performing SSB intra-frequency measurements without the configured measurement gap are satisfied. TS38.133 teaches wherein at least one processor of the one or more processors is configured to cause the network node to detect that one or more other conditions of a plurality of conditions for performing SSB intra-frequency measurements without the configured measurement gap are satisfied (The UE is configured with SSB based intra-frequency measurements and the condition defined for SSB based intra-frequency measurement without gaps are met; See Section 9.1.7.3.1). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of Huang to include wherein at least one processor of the one or more processors is configured to cause the network node to detect that one or more other conditions of a plurality of conditions for performing SSB intra-frequency measurements without the configured measurement gap are satisfied taught by TS38.133 in order to configure the minimize measurement gaps. Regarding claim 19, Huang fails to teach the apparatus of claim 18, wherein the conditions for performing SSB intra-frequency measurements without the configured measurement gap include that a cell-defining SSB is within a configured UE-specific channel bandwidth, the UE transmits a no-gap indicator, the SSB is completely contained in the active downlink BWP, and the active downlink BWP is an initial BWP. TS38.133 teaches wherein the conditions for performing SSB intra-frequency measurements without the configured measurement gap include that a cell-defining SSB is within a configured UE-specific channel bandwidth (A SSB based intra-frequency measurement provided the centre frequency of the SSB of the serving cell indicated for measurement; See Section 9.2.1), the UE transmits a no-gap indicator (The UE indicates ‘no-gap’ via intraFreq-needForGap for intra-frequency measurement; See Section 9.2.1), the SSB is completely contained in the active downlink BWP (the SSB is completely contained in the active BWP of the UE; See Section 9.2.1), and the active downlink BWP is an initial BWP (the active downlink BWP is initial BWP; See Section 9.2.1). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of Huang to include wherein the conditions for performing SSB intra-frequency measurements without the configured measurement gap include that a cell-defining SSB is within a configured UE-specific channel bandwidth, the UE transmits a no-gap indicator, the SSB is completely contained in the active downlink BWP, and the active downlink BWP is an initial BWP taught by TS38.133 in order to configure the minimize measurement gaps. Regarding claim 20, Huang in view of TS38.133 fails to teach the apparatus of claim 15, wherein the serving cell measurement object indicator is a servingCellMO indicator and the BWP downlink dedicated information element is a BWP-DownlinkDedicated information element. Tseng teaches wherein the serving cell measurement object indicator is a servingCellMO indicator and the BWP downlink dedicated information element is a BWP-DownlinkDedicated information element (See [0343]-[0344]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of Huang in view of TS38.133 to include wherein the serving cell measurement object indicator is a servingCellMO indicator and the BWP downlink dedicated information element is a BWP-DownlinkDedicated information element taught by Tseng in order to configure the UE specific parameters of the downlink BWP. Claims 2-3 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over TS38.133 in view of Tseng as applied to claims 1 and 8 above, and further in view of Apple’s “Discussion on RRM core requirements for option C”, hereinafter referred to as Apple. Regarding claim 2, TS38.133 in view of Tseng fails to teach the apparatus of claim 1, wherein the target measurement SSB is a non-cell-defining SSB that is included within the active downlink BWP of the UE. Apple teaches wherein the target measurement SSB is a non-cell-defining SSB that is included within the active downlink BWP of the UE (the UE can automatically measure NCD-SSB when active BWP is switched from the one that contains CD-SSB to the one that contains NCD-SSB. The simple solution is to reuse link serving cell MO to active BWP; See Section 2). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of TS38.133 in view of Tseng to include wherein the target measurement SSB is a non-cell-defining SSB that is included within the active downlink BWP of the UE taught by Apple in order to optimize resource utilization by minimizing unnecessary measurement gaps. Regarding claim 3, TS38.133 in view of Tseng fails to teach the apparatus of claim 2, wherein the plurality of conditions are based at least in part on a configuration of the non-cell-defining SSB and the serving cell measurement object indicator. Apple teaches wherein the plurality of conditions are based at least in part on a configuration of the non-cell-defining SSB (the UE can automatically measure NCD-SSB when active BWP is switched from the one that contains CD-SSB to the one that contains NCD-SSB. The simple solution is to reuse link serving cell MO to active BWP; See Section 2) and the serving cell measurement object indicator (introduce BWP-specific serving cell MO configuration so that UE can automatically change SSB for intra-frequency measurement following BWP switching and introduce BWP-specific servingCellMO under BWP-DownlinkDedicated; See Section 2). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of TS38.133 in view of Tseng to include wherein the plurality of conditions are based at least in part on a configuration of the non-cell-defining SSB and the serving cell measurement object indicator taught by Apple in order to optimize resource utilization by minimizing unnecessary measurement gaps. Regarding claim 9, TS38.133 in view of Tseng fails to teach the method of claim 8, wherein the target measurement SSB is a non-cell-defining SSB that is included within the active downlink BWP of the UE. Apple teaches wherein the target measurement SSB is a non-cell-defining SSB that is included within the active downlink BWP of the UE (the UE can automatically measure NCD-SSB when active BWP is switched from the one that contains CD-SSB to the one that contains NCD-SSB. The simple solution is to reuse link serving cell MO to active BWP; See Section 2). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of TS38.133 in view of Tseng to include wherein the target measurement SSB is a non-cell-defining SSB that is included within the active downlink BWP of the UE taught by Apple in order to optimize resource utilization by minimizing unnecessary measurement gaps. Regarding claim 10, TS38.133 in view of Tseng fails to teach the method of claim 9, wherein the plurality of conditions are based at least in part on a configuration of the non-cell-defining SSB and the serving cell measurement object indicator. Apple teaches wherein the plurality of conditions are based at least in part on a configuration of the non-cell-defining SSB (the UE can automatically measure NCD-SSB when active BWP is switched from the one that contains CD-SSB to the one that contains NCD-SSB. The simple solution is to reuse link serving cell MO to active BWP; See Section 2) and the serving cell measurement object indicator (introduce BWP-specific serving cell MO configuration so that UE can automatically change SSB for intra-frequency measurement following BWP switching and introduce BWP-specific servingCellMO under BWP-DownlinkDedicated; See Section 2). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the method of TS38.133 in view of Tseng to include wherein the plurality of conditions are based at least in part on a configuration of the non-cell-defining SSB and the serving cell measurement object indicator taught by Apple in order to optimize resource utilization by minimizing unnecessary measurement gaps. Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over TS38.133 in view of Tseng as applied to claim 15 above, and further in view of Apple. Regarding claim 16, Huang in view of TS38.133 and Tseng fails to teach the apparatus of claim 15, wherein the target measurement SSB is a non-cell-defining SSB that is included within the active downlink BWP of the UE. Apple teaches wherein the target measurement SSB is a non-cell-defining SSB that is included within the active downlink BWP of the UE (the UE can automatically measure NCD-SSB when active BWP is switched from the one that contains CD-SSB to the one that contains NCD-SSB. The simple solution is to reuse link serving cell MO to active BWP; See Section 2). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of Huang in view of TS38.133 and Tseng to include wherein the target measurement SSB is a non-cell-defining SSB that is included within the active downlink BWP of the UE taught by Apple in order to optimize resource utilization by minimizing unnecessary measurement gaps. Regarding claim 17, Huang in view of TS38.133 and Tseng fails to teach the apparatus of claim 16, wherein the plurality of conditions are based at least in part on a configuration of the non-cell-defining SSB and the serving cell measurement object indicator. Apple teaches wherein the plurality of conditions are based at least in part on a configuration of the non-cell-defining SSB (the UE can automatically measure NCD-SSB when active BWP is switched from the one that contains CD-SSB to the one that contains NCD-SSB. The simple solution is to reuse link serving cell MO to active BWP; See Section 2) and the serving cell measurement object indicator (introduce BWP-specific serving cell MO configuration so that UE can automatically change SSB for intra-frequency measurement following BWP switching and introduce BWP-specific servingCellMO under BWP-DownlinkDedicated; See Section 2). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention, to modify the apparatus of Huang in view of TS38.133 and Tseng to include wherein the plurality of conditions are based at least in part on a configuration of the non-cell-defining SSB and the serving cell measurement object indicator taught by Apple in order to optimize resource utilization by minimizing unnecessary measurement gaps. Conclusion Any response to this action should be mailed to: Commissioner for Patents, P.O. Box 1450 Alexandria, VA 22313-1450 Hand delivered responses should be brought to: Customer Service Window Randolph Building 401 Dulany Street Alexandria, VA 22314 Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY L SHIVERS whose telephone number is (571)270-3523. The examiner can normally be reached Monday-Friday 9:00am-5:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag Shah can be reached at 571-272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ASHLEY SHIVERS/Primary Examiner, Art Unit 2477 4/1/2026
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Prosecution Timeline

Feb 09, 2024
Application Filed
Apr 16, 2026
Non-Final Rejection mailed — §103, §112
Jun 19, 2026
Interview Requested
Jul 01, 2026
Applicant Interview (Telephonic)
Jul 01, 2026
Examiner Interview Summary

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1-2
Expected OA Rounds
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99%
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