Prosecution Insights
Last updated: April 19, 2026
Application No. 18/480,247

MEASUREMENT GAP SHARING WITH DELAY CRITICAL TRAFFIC

Non-Final OA §103§112
Filed
Oct 03, 2023
Examiner
REYES ORTIZ, HECTOR E
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
94%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
245 granted / 298 resolved
+24.2% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
31 currently pending
Career history
329
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
59.2%
+19.2% vs TC avg
§102
17.5%
-22.5% vs TC avg
§112
13.3%
-26.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 298 resolved cases

Office Action

§103 §112
Detailed Action The office action is in response to the communications filed on 10/03/2023 . Notice of 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. Claims Status Claims 1-30 are pending in this application. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/14/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Prior Art Made of Record The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lindstrom et al. (Publication No. US 2011/0092201), the prior art discloses that the UE also proceeds 26 with the random access procedure and cancels 28a the measurement gap procedure when the reception window consisting of a number of sub frames for reception of the random access response partly collides with the detected measurement gap procedure; see ¶ 49. 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. Claims 6-7 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claim 6 , it’s unclear what is meant by the limitation “ wherein the one or more criteria include criteria of one or more signal measurements performed by the UE on a serving cell associated with a network entity, a radio resource management relaxation condition, a quantity of data buffered in a logical channel, or any combination thereof”. In specific, it’s unclear whether the “network entity” is part of the signal measurement with “serving cell” or “UE”. Therefore, for the reason stated above the limitation is ambiguous rendering the claim to be indefinite. Regarding Claim 7 , the claim is rejected as they inherited the deficiencies of the parent claim and have not resolved the deficiencies. Therefore, the claim is rejected based on the same rationale as applied to the parent claim above. Claim Rejections - 35 USC § 103 The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under AIA 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 , 15, 26, and 29 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Chen et al. (Publication No. US 2025/0159662 , hereinafter referred as Chen ) in view of Nagaraja et al. ( Patent Publication No. US 2019/0021017 , hereinafter referred as Nagaraja ) . Regarding claim s 1 and 26 , Chen discloses one or more memories storing processor-executable code ( It is inherent that a wireless device includes at least one memory in order to communicate with network node. ) ; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the UE to (It is inherent that the wireless device includes at least one processor, couple to the at least one memory, in order to communicate with the network node.) : receive an indication of a configuration for a plurality of measurement occasions, a parameter indicating a metric for sharing the plurality of measurement occasions between performing measurements and communication of data ( The terminal device receives an indication information, where the indication information indicates to configure at least one measurement gap (MG) [measurement occasions], and the indication information includes a parameter [metric for sharing] of each MG ; see figure 4 step 410 & ¶ 174. ) ; perform measurements during a first subset of the plurality of measurement occasions ( When a time domain position of the current data transmission overlaps a time domain position of the MG (e.g. MG#1/MG#2) , t he terminal device performs reference signal measurement in the MG because the parameter associated with the MG has a higher value than the parameter associated with the data transmission; see figure 4 step 418. ) , and communicat es one or more data messages during one or more time periods that overlap at least partially with a second subset of the plurality of measurement occasions ( When a time domain position of the current data transmission overlaps a time domain position of the MG (e.g. MG#1/MG#2), the terminal device performs data transmission on the MG because the parameter associated with the MG has a lower value than the parameter associated with the data transmission; see figure 4 step 422 & ¶ 212 .) , wherein one or more measurements are suppressed during the second subset of the plurality of measurement occasions (The MG is deactivated [suppressed] in order to perform the data transmission; see figure 4 step 422 & ¶ 212. ) , and wherein a first quantity of measurement occasions of the first subset of the plurality of measurement occasions and a second quantity of measurement occasions of the second subset of the plurality of measurement occasions are determined based at least in part on the parameter (The terminal device determines whether perform data transmission or measurement of the reference signal based on comparing the parameter of the data transmission and the parameter of the MG (e.g. MG#1/MG#2); see figure 4 step 416/420 & ¶ 179/212.) . Chen teaches indication information that includes a configuration for the plurality of measurement gaps [measurement occasions] (¶ 174) , but fails to explicitly disclose that “ the configuration compris es a periodicity of the plurality of measurement occasions ” . However, in analogous art, Nagaraja discloses that the configuration of the measurement gaps [measurement occasions] (e.g., configuration of one or more parameters such as measurement gap duration, periodicities, repetitions, etc.) may vary depending on the UE information; see ¶ 7. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen MG configuration with the MG periodicity parameter of Nagaraja in order to ensure that a plurality of measurements can be made at different times. Regarding claims 15 and 29, Chen discloses one or more memories storing processor-executable code (It is inherent that a network node includes at least one memory in order to communicate with wireless device.) ; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the network entity to (It is inherent that the network node includes at least one processor, couple to the at least one memory, in order to communicate with the wireless device.) : transmit, to a user equipment (UE), an indication of a configuration for a plurality of measurement occasions, the configuration comprising a parameter indicating a metric for sharing the plurality of measurement occasions between performing measurements and communication of data (The terminal device receives an indication information, where the indication information indicates to configure at least one measurement gap (MG) [measurement occasions], and the indication information includes a parameter [metric for sharing] of each MG; see figure 4 step 410 & ¶ 174.) ; and communicate one or more data messages with the UE during one or more time periods that overlap at least partially with a subset of the plurality of measurement occasions (When a time domain position of the current data transmission overlaps a time domain position of the MG (e.g. MG#1/MG#2), the terminal device performs data transmission on the MG because the parameter associated with the MG has a lower value than the parameter associated with the data transmission; see figure 4 step 422 & ¶ 212.) . Chen teaches indication information that includes a configuration for the plurality of measurement gaps [measurement occasions] (¶ 174) , but fails to explicitly disclose that “the configuration comprises a periodicity of the plurality of measurement occasions ”. However, in analogous art, Nagaraja discloses that the configuration of the measurement gaps [measurement occasions] (e.g., configuration of one or more parameters such as measurement gap duration, periodicities, repetitions, etc.) may vary depending on the UE information; see ¶ 7. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen MG configuration with the MG periodicity parameter of Nagaraja in order to ensure that a plurality of measurements can be made at different times. Claims 2 and 20 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Chen et al. (Publication No. US 2025/0159662, hereinafter referred as Chen) in view of Nagaraja et al. ( Patent Publication No. US 2019/0021017, hereinafter referred as Nagaraja ) and further in view of Li et al. ( Patent Publication No. US 2024/0414765, hereinafter referred as Li ). Regarding claim s 2 and 20 , Chen teaches determin ing whether to perform reference signal measurement or data transmission based on the priority parameter [metric] included in the indication information (¶ 174) , but fails to explicitly disclose that “ the metric is a percentage value of the plurality of measurement occasions, a fraction of the plurality of measurement occasions, or any combination thereof ” . However, in analogous art, Li discloses that the wireless device is configured to determine a scaling factor [parameter] for at least one measurement gap (MG) [plurality of measurement occasions] in at least one measurement gap pattern (MGP) [periodicity], see figure 13 step 142 & ¶ 201 . T he scaling factor indicates a proportion of MGs to measure, wherein the proportion of MGs refers to a percentage; see ¶ 45 . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen by replacing the priority parameter with the scaling factor of Li in order to enable a dynamic configuration of the measurement gap s . Claims 3, 11, 14, and 21-23 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Chen et al. (Publication No. US 2025/0159662, hereinafter referred as Chen) in view of Nagaraja et al. ( Patent Publication No. US 2019/0021017, hereinafter referred as Nagaraja ) and further in view of Cui et al. ( Patent Publication No. US 2024/0031848, hereinafter referred as Cui). Regarding claim s 3 and 22 , Chen teaches indication information that includes a configuration for the plurality of measurement gaps (¶ 174), but fails to explicitly disclose that the indication information “ further comprises a second metric for sharing the first subset of the plurality of measurement occasions between intra-frequency measurements and inter-frequency measurements ” . However, in analogous art, Cui discloses ta king into account carrier specific scaling factor (CSSF) [parameter] in determining the measurement periods may provide scaling of the measurement period of intra-frequency measurement with measurement gap (MG) to share the MG resource with configured inter-frequency measurement objects (MOs); see ¶ 44/46. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen indication information by incorporating the CSSF of Cui in order utilize the measurement periods for measurement related to one or more neighbor cells on different frequency layers; see ¶ 46 . Regarding claim s 11 and 23 , Chen teaches indication information that includes a configuration for the plurality of measurement gaps (¶ 174), but fails to explicitly disclose that the indication information enables “ determining a cell-detection period, a synchronization signal block index identification period, a measurement period, or any combination thereof based at least in part on a scaling factor associated with the parameter ” . However, in analogous art, Cui discloses taking into account carrier specific scaling factor (CSSF) in determining the measurement periods may provide scaling of the measurement period of intra-frequency measurement with measurement gap (MG) to share the MG resource with configured inter-frequency measurement objects (MOs); see ¶ 44/46. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen indication information by incorporating the CSSF of Cui in order utilize the measurement periods for measurement related to one or more neighbor cells on different frequency layers; see ¶ 46. Regarding claim s 1 4 and 21 , Chen teaches indication information that includes a configuration for the plurality of measurement gaps (¶ 174), but fails to explicitly disclose that the indication information enables performing intra-frequency measurements, inter-frequency measurements, or any combination thereof. However, in analogous art, Cui discloses taking into account carrier specific scaling factor (CSSF) in determining the measurement periods may provide scaling of the measurement period of intra-frequency measurement with measurement gap (MG) to share the MG resource with configured inter-frequency measurement objects (MOs); see ¶ 44/46. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen indication information by incorporating the CSSF of Cui in order utilize the measurement periods for measurement related to one or more neighbor cells on different frequency layers; see ¶ 46. Claims 4-7, 9-10, 12, 16-19, 24, 28, and 30 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Chen et al. (Publication No. US 2025/0159662, hereinafter referred as Chen) in view of Nagaraja et al. ( Patent Publication No. US 2019/0021017, hereinafter referred as Nagaraja ) and further in view of Lee et al. ( Patent Publication No. US 2022/0078650, hereinafter referred as Lee). Regarding claim s 4 , 16, and 30 , Chen teaches indication information that includes a configuration for the plurality of measurement gaps (¶ 174), but fails to explicitly disclose that the indication information [ the configuration ] is applied to the plurality of measurement occasions based at least in part on a data type, one or more criteria associated with the UE satisfying a threshold, or any combination thereof. However, in analogous art, Lee discloses that the UE may receive configuration information related to the measurement gap (MG) skip, see ¶ figure 8 step 801 & ¶ 203; wherein the UE may configure UL resources for the MG skip based on the configuration information, see ¶ 204; wherein the UE may trigger the MG skip when URLLC data [data type] arrives at the UE buffer; see ¶ 205. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen MG process to incorporate the trigger mechanism of Lee in order reduce the delay/latency of URLLC data [data type] occurring during communication between a user equipment and a BS based on the ; see ¶ 17 . Regarding claim s 5 and 17 , Chen teaches a priority-based data transmission process (¶ 117), but fails to explicitly disclose that the transmission is based on the data typ e; wherein “the data type is extended reality (XR) traffic, ultra-reliable and low latency communications (URLLC) traffic, or a combination thereof ” . However, in analogous art, Lee discloses that the UE may receive configuration information related to the measurement gap (MG) skip, see ¶ figure 8 step 801 & ¶ 203; wherein the UE may configure UL resources for the MG skip based on the configuration information, see ¶ 204; wherein the UE may trigger the MG skip when URLLC data [data type] arrives at the UE buffer; see ¶ 205. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen transmission process to incorporate the trigger mechanism for URLLC data of Lee in order reduce the delay/latency of URLLC data [data type] occurring during communication between a user equipment and a BS based on the; see ¶ 17. Regarding claim s 6 and 18 , Chen teaches a priority-based data transmission process (¶ 117), but fails to explicitly disclose that the transmission is based on the one or more criteria ; and “wherein the one or more criteria include criteria of one or more signal measurements performed by the UE on a serving cell associated with a network entity, a radio resource management relaxation condition, a quantity of data buffered in a logical channel, or any combination thereof. However , the parent claim s have been construe as applying the configuration to the plurality of measurement occasions based at least in part on a data type . Therefore, the one or more criteria is an alternative claim fo r applying the configuration, which is mapped in claim 4 and claim 16 respectively. See Lee ¶ 205 which teaches that the UE trigger the MG skip when URLLC data [data type] arrives at the UE buffer . Regarding claim s 7 and 19 , Chen teaches a priority-based data transmission process (¶ 117), but fails to explicitly disclose that the one or more signal measurements performed by the UE on the serving cell associated with the network entity include a reference signal received power, a reference signal received quality, or both. However, the parent claims have been construe as applying the configuration to the plurality of measurement occasions based at least in part on a data type. Therefore, the one or more criteria is an alternative claim for applying the configuration, which is mapped in claim 4 and claim 16 respectively. See Lee ¶ 205 which teaches that the UE trigger the MG skip when URLLC data [data type] arrives at the UE buffer. Regarding claims 9 and 28, Chen , as modified, fails to disclose suspending application of the configuration to the plurality of measurement occasions based at least in part on an event trigger. However, in analogous art, Lee discloses that the UE checks whether channel quality of the serving cell is above a certain threshold when the UE determines to skip the measurement gap; see figure 13 step 1302 & ¶ 272. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen with MG skip mechanism in order reduce the delay/latency occurring during communication between a user equipment and a BS; see ¶ 17. Regarding claim 10 , Chen , as modified, fails to disclose that the event trigger includes a radio link failure, a beam failure recovery, a candidate beam detection, a reference signal received power satisfying a first threshold, a reference signal received quality satisfying a second threshold, or any combination thereof. However, in analogous art, Lee discloses that the UE checks whether channel quality of the serving cell is above a certain threshold when the UE determines to skip the measurement gap; see figure 13 step 1302 & ¶ 272. The threshold value(s) for the MG skip may be configured for RSRP, RSRQ or SINR (e.g., trigger quantity or combinations of quantities (e.g., RSRP and RSRQ); see ¶ 274. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen with MG skip mechanism in order reduce the delay/latency occurring during communication between a user equipment and a BS; see ¶ 17. Regarding claims 12 and 24, Chen , as modified, fails to disclose transmit an indication that the UE is applying the parameter based at least in part on one or more criteria associated with the UE satisfying a threshold. However, in analogous art, Lee discloses that the UE transmits a measurement gap (MG) skip signaling, if the UE buffer for the URLLC data; see figure 8 step 802 & ¶ 205. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen with MG skip mechanism in order reduce the delay/latency occurring during communication between a user equipment and a BS; see ¶ 17. Claims 8, 13, 25, and 27 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Chen et al. (Publication No. US 2025/0159662, hereinafter referred as Chen) in view of Nagaraja et al. ( Patent Publication No. US 2019/0021017, hereinafter referred as Nagaraja ) and further in view of Miao et al. ( Patent Publication No. US 2022/0078813, hereinafter referred as Miao). Regarding claims 8 and 27, Chen , as modified, fails to disclose apply ing the configuration to the plurality of measurement occasions for a duration subsequent to a data communication based at least in part on a timer associated with communicating data with a network entity. However, in analogous art, Miao discloses that when the PUSCH overlaps with the measurement gap, the user equipment determines whether it can continue transmitting the data through the PUSCH according to the indication information; see ¶ 137. If it is determined according to the indication information that the PUSCH has a higher priority than the measurement gap, the user equipment performs the PUSCH transmission at the overlapping position and starts a timer while performing the PUSCH transmission; see ¶ 137. The timing duration of the timer is the duration configured by the network device to stop the measurement.); see ¶ 137. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen with timer mechanism in order to decrease the transmission delay due to the measurement gap; see ¶ 7. Regarding claim s 13 and 25 , Chen , as modified, fails to disclose that the indication is received via downlink control information, a medium access control-control element, radio resource control signaling, a system information message, or any combination thereof. However, in analogous art, Miao discloses that the network device transmits the configuration information of the DCI signaling to the user equipment, and the user equipment configures according to the configuration information; see ¶ 137. If there is an overlap with the measurement gap, it is determined whether to transmit data through the PUSCH channel according to the indication information in the indication mode 1 or indication mode 2.; see ¶ 137. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen with timer mechanism in order to decrease the transmission delay due to the measurement gap; see ¶ 7. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT HECTOR REYES whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-0239 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 6-5 . 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, Kevin Bates can be reached on (571) 272-3980. 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. /H.R/ Examiner, Art Unit 2472 /KEVIN T BATES/ Supervisory Patent Examiner, Art Unit 2472
Read full office action

Prosecution Timeline

Oct 03, 2023
Application Filed
Dec 19, 2025
Non-Final Rejection — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
94%
With Interview (+11.6%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 298 resolved cases by this examiner. Grant probability derived from career allow rate.

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