Prosecution Insights
Last updated: April 19, 2026
Application No. 18/440,685

METHOD AND APPARATUS FOR CONFIGURING MUSIM GAPS IN DUAL CONNECTIVITY IN A COMMUNICATION SYSTEM

Non-Final OA §102§103
Filed
Feb 13, 2024
Examiner
AREVALO, JOSEPH
Art Unit
2642
Tech Center
2600 — Communications
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
709 granted / 842 resolved
+22.2% vs TC avg
Strong +21% interview lift
Without
With
+21.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
39 currently pending
Career history
881
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 842 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 . Art Unit- Location The Art Unit location of your application in the USPTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Art Unit 2642. Information Disclosure Statement The information disclosure statement (IDS) submitted on 02/13/2024 and 08/09/2024 are in compliance with the provision of 37 CFR 1.97, have been considered by the Examiner, and made of record in the application file. Claim Rejections - 35 USC § 102 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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-3, 5-7, 9-11 and 13-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CHA et al Patent Application No. :( US 2023/0224890 A1) hereinafter referred as CHA. PNG media_image1.png 714 608 media_image1.png Greyscale For claim 1, CHA discloses a method performed by a user equipment (UE) in a communication system, the method comprising: transmitting, to a first base station, a request message for at least one multi universal subscriber identity module (MUSIM) gap (paragraph [0129], lines 1-16) and (paragraph [0143], lines 1-3); receiving, from the first base station, a radio resource control (RRC) message including a configuration of the at least one MUSIM gap (paragraph [0143], lines 3-7), the configuration including information associated with a MUSIM gap priority (paragraph [0154], lines 1-9 discloses the preference as the priority of the MUSIM); and performing, a MUSIM gap configuration procedure based on the MUSIM gap priority (paragraph [0155], lines 1-2)-(paragraph [0163], lines 1-2) (disclosing the upon receiving the UE information procedure the user shall configure the MUSIM procedure leaving the RRC_CONNECTED based on the preference (priority)), wherein the information associated with the MUSIM gap priority is transmitted from the first base station to a second base station (paragraph [0129], lines 1-16 disclose the configured MUSIM device can signal the network a preference to be kept in RRC_CONNECTED state in the network A while temporarily switching to the network B). For claim 2, CHA discloses the method, wherein in case that the at least one MUSIM gap collides with another gap, at least one of a paging reception, a system information block (SIB) reception, a cell identification, or a measurement is not performed (paragraphs [0142]-[0144], lines 1-6) . For claim 3, CHA discloses the method, wherein the other gap is at least one of a measurement gap or a MUSIM gap other than the at least one MUSIM gap (paragraph [0196]-[0203], lines 1-6). PNG media_image1.png 714 608 media_image1.png Greyscale For claim 5, CHA discloses a method performed by a first base station in a communication system, the method comprising: receiving, from a user equipment (UE), a request message for at least one multi universal subscriber identity module (MUSIM) gap (paragraph [0129], lines 1-16) and (paragraph [0143], lines 1-3); and transmitting, to the UE, a radio resource control (RRC) message including a configuration of the at least one MUSIM gap (paragraph [0143], lines 3-7), the configuration including information associated with a MUSIM gap priority (paragraph [0154], lines 1-9 discloses the preference as the priority of the MUSIM), wherein a MUSIM gap configuration procedure based on the MUSIM gap priority is performed (paragraph [0155], lines 1-2)-(paragraph [0163], lines 1-2) (disclosing the upon receiving the UE information procedure the user shall configure the MUSIM procedure leaving the RRC_CONNECTED based on the preference (priority)), and wherein the information associated with the MUSIM gap priority is transmitted to a second base station (paragraph [0129], lines 1-16 disclose the configured MUSIM device can signal the network a preference to be kept in RRC_CONNECTED state in the network A while temporarily switching to the network B). For claim 6, CHA discloses a method, wherein in case that the at least one MUSIM gap collides with another gap, at least one of a paging reception, a system information block (SIB) reception, a cell identification, or a measurement is not performed (paragraphs [0142]-[0144], lines 1-6). For claim 7, CHA discloses a method, wherein the other gap is at least one of a measurement gap or a MUSIM gap other than the at least one MUSIM gap (paragraph [0196]-[0203], lines 1-6). PNG media_image1.png 714 608 media_image1.png Greyscale For claim 9, CHA discloses a user equipment (UE) in a communication system, the UE comprising: a transceiver, and a controller coupled with the transceiver configured to: transmit, to a first base station, a request message for at least one multi universal subscriber identity module (MUSIM) gap(paragraph [0129], lines 1-16) and (paragraph [0143], lines 1-3), receive, from the first base station, a radio resource control (RRC) message including a configuration of the at least one MUSIM gap (paragraph [0143], lines 3-7), the configuration including information associated with a MUSIM gap priority (paragraph [0154], lines 1-9 discloses the preference as the priority of the MUSIM), and perform, a MUSIM gap configuration procedure based on the MUSIM gap priority (paragraph [0155], lines 1-2)-(paragraph [0163], lines 1-2) (disclosing the upon receiving the UE information procedure the user shall configure the MUSIM procedure leaving the RRC_CONNECTED based on the preference (priority)), wherein the information associated with the MUSIM gap priority is transmitted from the first base station to a second base station (paragraph [0129], lines 1-16 disclose the configured MUSIM device can signal the network a preference to be kept in RRC_CONNECTED state in the network A while temporarily switching to the network B). For claim 10, CHA discloses the user equipment (UE), wherein in case that the at least one MUSIM gap collides with another gap, at least one of a paging reception, a system information block (SIB) reception, a cell identification, or a measurement is not performed (paragraphs [0142]-[0144], lines 1-6). For claim 11, CHA discloses the user equipment (UE), wherein the other gap is at least one of a measurement gap or a MUSIM gap other than the at least one MUSIM gap (paragraph [0196]-[0203], lines 1-6). PNG media_image1.png 714 608 media_image1.png Greyscale For claim 13, CHA discloses a first base station in a communication system, the first base station comprising: a transceiver, and a controller coupled with the transceiver configured to: receive, from a user equipment (UE), a request message for at least one multi universal subscriber identity module (MUSIM) gap(paragraph [0129], lines 1-16) and (paragraph [0143], lines 1-3), and transmit, to the UE, a radio resource control (RRC) message including a configuration of the at least one MUSIM gap (paragraph [0143], lines 3-7), the configuration including information associated with a MUSIM gap priority (paragraph [0154], lines 1-9 discloses the preference as the priority of the MUSIM), wherein a MUSIM gap configuration procedure based on the MUSIM gap priority is performed (paragraph [0155], lines 1-2)-(paragraph [0163], lines 1-2) (disclosing the upon receiving the UE information procedure the user shall configure the MUSIM procedure leaving the RRC_CONNECTED based on the preference (priority)), and wherein the information associated with the MUSIM gap priority is transmitted to a second base station (paragraph [0129], lines 1-16 disclose the configured MUSIM device can signal the network a preference to be kept in RRC_CONNECTED state in the network A while temporarily switching to the network B). For claim 14, CHA discloses the first base station, wherein in case that the at least one MUSIM gap collides with another gap, at least one of a paging reception, a system information block (SIB) reception, a cell identification, or a measurement is not performed (paragraphs [0142]-[0144], lines 1-6), and wherein the other gap is at least one of a measurement gap or a MUSIM gap other than the at least one MUSIM gap (paragraph [0196]-[0203], lines 1-6). 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: 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 4, 8, 12 and 15 are rejected under 35 U.S.C. 103 as being un-patentable over CHA et al Patent Application No. :( US 2023/0224890 A1) hereinafter referred as CHA, in view of Lee et al US Patent Application No.:( US 2023/0048297 A1) hereinafter referred as Lee. For claim 4, CHA discloses all the subject matter of the claimed invention with the exemption of the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length as recited in claim 4. Lee from the same or analogous art teaches the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length (Paragraph [0007], lines 6-20) and (Paragraph [0193], lines 1-4). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length as taught by Lee into the configuration request in wireless communications of CHA. The configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length can be modify/implemented by combining the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length with the device. This process is implemented as a hardware solution or as firmware solutions of Lee into the configuration request in wireless communications of CHA. As disclosed in Lee, the motivation for the combination would be to use the system frame number (SFN) that provides a common time reference for all nodes within the network, ensuring synchronization between different base stations and helping coordinate the transmission and reception of signals and ensuring a smooth transition of ongoing communication when a mobile device performs a handover from one base station to another becoming more efficient and reliable for a better communication. For claim 8, CHA discloses all the subject matter of the claimed invention with the exemption of the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length as recited in claim 8. Lee from the same or analogous art teaches the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length (Paragraph [0007], lines 6-20) and (Paragraph [0193], lines 1-4). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length as taught by Lee into the configuration request in wireless communications of CHA. The configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length can be modify/implemented by combining the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length with the device. This process is implemented as a hardware solution or as firmware solutions of Lee into the configuration request in wireless communications of CHA. As disclosed in Lee, the motivation for the combination would be to use the system frame number (SFN) that provides a common time reference for all nodes within the network, ensuring synchronization between different base stations and helping coordinate the transmission and reception of signals and ensuring a smooth transition of ongoing communication when a mobile device performs a handover from one base station to another becoming more efficient and reliable for a better communication. For claim 12, CHA discloses all the subject matter of the claimed invention with the exemption of the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length as recited in claim 12. Lee from the same or analogous art teaches the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length (Paragraph [0007], lines 6-20) and (Paragraph [0193], lines 1-4). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length as taught by Lee into the configuration request in wireless communications of CHA. The configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length can be modify/implemented by combining the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length with the device. This process is implemented as a hardware solution or as firmware solutions of Lee into the configuration request in wireless communications of CHA. As disclosed in Lee, the motivation for the combination would be to use the system frame number (SFN) that provides a common time reference for all nodes within the network, ensuring synchronization between different base stations and helping coordinate the transmission and reception of signals and ensuring a smooth transition of ongoing communication when a mobile device performs a handover from one base station to another becoming more efficient and reliable for a better communication. For claim 15, CHA discloses all the subject matter of the claimed invention with the exemption of the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length as recited in claim 15. Lee from the same or analogous art teaches the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length (Paragraph [0007], lines 6-20) and (Paragraph [0193], lines 1-4). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length as taught by Lee into the configuration request in wireless communications of CHA. The configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length can be modify/implemented by combining the configuration of the at least one MUSIM gap further includes at least one of a starting system frame number (SFN), a starting subframe, an offset, a gap repetition period, or a gap length with the device. This process is implemented as a hardware solution or as firmware solutions of Lee into the configuration request in wireless communications of CHA. As disclosed in Lee, the motivation for the combination would be to use the system frame number (SFN) that provides a common time reference for all nodes within the network, ensuring synchronization between different base stations and helping coordinate the transmission and reception of signals and ensuring a smooth transition of ongoing communication when a mobile device performs a handover from one base station to another becoming more efficient and reliable for a better communication. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is shown in the following table: US-20250106939-A1 Wu; Lianhai US-20250056344-A1 Park; Kenneth James US-20240357443-A1 Park; Kenneth James Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH AREVALO whose telephone number is (571)270-3121. The examiner can normally be reached on M-F 8:30-5:00 PM. 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, Rafael Perez-Gutierrez can be reached on (571)272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSEPH AREVALO/ Primary Examiner, Art Unit 2642
Read full office action

Prosecution Timeline

Feb 13, 2024
Application Filed
Jan 28, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+21.2%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 842 resolved cases by this examiner. Grant probability derived from career allow rate.

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