Prosecution Insights
Last updated: April 18, 2026
Application No. 18/554,892

METHOD AND APPARATUS FOR DETERMINING SERVING CELL

Non-Final OA §103
Filed
Oct 11, 2023
Examiner
DONADO, FRANK E
Art Unit
2641
Tech Center
2600 — Communications
Assignee
BEIJING XIAOMI MOBILE SOFTWARE CO., LTD.
OA Round
2 (Non-Final)
69%
Grant Probability
Favorable
2-3
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
361 granted / 521 resolved
+7.3% vs TC avg
Strong +59% interview lift
Without
With
+59.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
21 currently pending
Career history
542
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
52.3%
+12.3% vs TC avg
§102
31.7%
-8.3% vs TC avg
§112
8.5%
-31.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 521 resolved cases

Office Action

§103
DETAILED ACTION Response to Amendment This Action is in response to the amendment dated 2/4/2026, for which the amendment and corresponding arguments filed on the same date have been entered. Claims 1, 4, 6-11, 14, 17-18, 21-24, 26-30 are currently pending in this application, with claims 1, 14, 21 and 29 being independent. Claims 1, 4, 14, 21 have been amended. Claims 3, 5, 16, 25 have been cancelled. Claims 27-30 have been added. This Action is made Non-FINAL. Response to Arguments Applicant’s arguments, with respect to the rejection of the claims filed 2/4/2026, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of the new reference(s) below. 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 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 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 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, 3-5, 7, 8, 10, 11, 14, 16-18 and 21-26, 28 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Rune, et al (US PG Publication 2024/0129895), hereafter Rune, in view of Cheng (US PG Publication 2021/0068013). The equivalent citations from US Provisional Application# 63/151,373, to which US PG Publication 2024/0129895 has priority, are shown below. Citation Used Equivalent Citation from US Provisional Application [0007] [008] [0041] [0045] [0049] [0048] [0057] [0046] [0123] [0053] [0132] [0062] [0136] [0064] [0160] [0069] [0162] [0070] [0163] [0070] [0185] [0085] [0199] [0072] [0200] [0071] Fig. 4 Fig. 3 Fig. 5 Fig. 2 Regarding claim 1, Rune teaches a method for determining a serving cell, performed by a user equipment (UE), wherein a current serving cell of the UE is a non-terrestrial network (NTN) cell, the method comprising: when an acquisition situation of location information of the UE does not meet a preset condition, determining a new serving cell via a cell selection ([0041] In this disclosure, “loss of GNSS coverage” (or “lack of GNSS coverage” or “lost GNSS coverage”) may be defined by an UE being unable to use GNSS to determine any one or more of: (i) its own position [0185] The UE is configured to initiate the cell re-selection procedure as a result of detecting the loss of navigation system coverage (UE performs cell re-selection when UE has lost navigation coverage and is unable to determine position)); wherein the preset condition comprises: the location information not being obtained by the UE ([0041] In this disclosure, “loss of GNSS coverage” (or “lack of GNSS coverage” or “lost GNSS coverage”) may be defined by an UE being unable to use GNSS to determine any one or more of: (i) its own position); wherein determining the new serving cell via the cell selection comprises: based on a preset frequency priority configuration, determining the new serving cell in an order from a high frequency priority to a low frequency priority ([0160] Network node 104 may also configure conditions for UE 102 to apply the cell re-selection strategy, e.g., in the form of priorities for different network systems, RATs and/or carrier frequencies [0163] The second Cell Reselection Priority list is a new priority list that may give the priority order of different NR frequencies or inter-RAT frequencies. A reasonable configuration of the ordering in the second Cell Reselection Priority list would be that the frequency and/or RAT and/or network type that has less stringent time and frequency access requirement is configured to be of higher priority (UE configured to apply order of priority for the cell re-selection, based on frequency, including a higher priority frequency)). Rune does not teach wherein the preset frequency priority configuration is configured to indicate that a priority of a frequency used by an NTN cell is lower than a priority of a frequency used by a terrestrial network (TN) cell, wherein the frequency used by the NTN cell is different from the frequency used by the TN cell. In the same field of endeavor, Cheng teaches wherein the preset frequency priority configuration is configured to indicate that a priority of a frequency used by an NTN cell is lower than a priority of a frequency used by a terrestrial network (TN) cell, wherein the frequency used by the NTN cell is different from the frequency used by the TN cell ([0022] A UE preferring TN cells may usually consider that a TN cell has a higher priority than an NTN cell. As shown in FIG. 2, when the UE preferring TN cells is in the original city deployed with TN cells having the frequency f2, the UE may be in the coverage of both the NTN cell (i.e., frequency f3) and the TN cell (i.e., frequency f2); hence, the UE may select the TN cell). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Rune, which includes determining new cells between non-terrestrial and terrestrial networks, to include Cheng’s teaching of prioritizing cells between non-terrestrial and terrestrial networks, based on frequency, for the benefit of providing a novel cell selection or reselection method for a terrestrial network (TN) and non-terrestrial network (NTN) capable UE, in order to save the UE power in performing cell reselection when the UE is served by the NTN (see [0007]). Regarding claim 4, Rune, in view of Cheng, teaches the method according to claim 1. Rune further teaches wherein the UE is in a non-connected state ([0185] In case the UE is in the inactive connection state or in the disconnected state, UE is configured to initiate the cell re-selection procedure). Regarding claim 7, Rune, in view of Cheng, teaches the method according to claim 4. Rune further teaches further comprising: based on a preset measurement standard, performing a cell measurement ([0132] Network node 104 may configure UE 102 for a conditional handover to a cell with looser requirements on timing/frequency pre-compensation (assumedly in a terrestrial network), e.g. in terms of RSRP or RSRQ exceeds one or more threshold(s) [0136] It may also be that UE 102 is configured to include this information piggypagged to RRM measurement reports that may be event based RSRP/RSRQ or location reporting or periodic reporting (Network node configures UE to perform measurements, according to RSRP or RSRQ exceeding one or more thresholds and reporting the measurements)). Regarding claim 8, Rune, in view of Cheng, teaches the method according to claim 7. Rune further teaches wherein the preset measurement standard comprises at least one of: when a signal quality of the current serving cell is greater than a preset co-frequency measurement threshold, and the acquisition situation meets the preset condition, the cell measurement not being performed for a co-frequency cell; otherwise, the cell measurement being performed for the co-frequency cell, wherein the co-frequency cell has a same frequency as the current serving cell; when the signal quality of the current serving cell is greater than a preset inter-frequency measurement threshold, and the acquisition situation meets the preset condition, the cell measurement not being performed for a first type of cell; otherwise, the cell measurement being performed for the first type of cell, wherein a priority of a frequency used by the first type of cell is equal to or lower than a priority of a frequency used by the current serving cell ([0160] Network node 104 may also configure conditions for UE 102 to apply the cell re-selection strategy, e.g., in the form of channel quality thresholds (e.g. RSRP and/or RSRQ) and priorities for different network systems, RATs and/or carrier frequencies [0162] Network node 104 may provide UE 102 with two Cell Reselection Priority lists indicating absolute priorities of network systems, RATs and carrier frequencies [0163] A reasonable configuration of the ordering in the second Cell Reselection Priority list would be that the frequency and/or RAT and/or network type that has less stringent time and frequency access requirement is configured to be of higher priority (UE performs RSRP and RSRQ measurements for cell reselection based on priority that includes a priority order with higher priority based on frequency))); or when the signal quality of the current serving cell is greater than the preset inter-frequency measurement threshold, the UE is configured with a high-priority measurement relaxation, and the acquisition situation meets the preset condition, the cell measurement not being performed for a second type of cell; otherwise, the cell measurement being performed for the second type of cell, wherein a priority of a frequency used by the second type of cell is higher than the priority of the frequency used by the current serving cell. Regarding claim 10, Rune, in view of Cheng, teaches the method according to claim 1. Rune further teaches wherein determining the new serving cell comprises one of: handing over a serving cell of the UE from the NTN cell to the new serving cell according to preconfigured handover information, wherein the preconfigured handover information is configured to indicate a TN cell that is capable of being used as the new serving cell when the acquisition situation does not meet the preset condition ([0049] First satellite RAN 130 (satellite/NTN) [0123] Network node 104 may perform a handover of UE 102 from its current serving cell (e.g., RAN 130) to a target cell [0132] In another embodiment, network node 104 may configure UE 102 for a conditional handover to a cell with looser requirements on timing/frequency pre-compensation (assumedly in a terrestrial network and maybe with another RAT), with the condition(s) for handover execution including at least that UE 102 has lost GNSS coverage, possibly complemented by other conditions such as that the GNSS support has been lost for a certain time and that the channel quality of the target cell, e.g. in terms of RSRP or RSRQ exceeds one or more threshold(s) (The UE is configured such that, according to conditional handover information, the UE hands over from the current serving cell of the NTN to a target cell of terrestrial network meeting a particular quality threshold and therefore being capable of being a serving cell, when the UE has lost the GNSS coverage)); wherein the UE is in a connected state; or determining a TN cell as the new serving cell via a connection reestablishment process, wherein the UE is in a connected state. Regarding claim 11, Rune, in view of Cheng, teaches the method according to claim 1. Rune further teaches further comprising: sending a first message to a network device, wherein the first message is configured to indicate the network device to hand over a serving cell of the UE from the NTN cell to a TN cell, wherein the UE is in a connected state ([0123] In case UE 102 is in the RRC_Connected state when network node 104 (e.g., a base station or other network node) is informed about the loss of GNSS coverage for UE 102, network node 104 may perform a handover of UE 102 from its current serving cell (e.g., RAN 130) to a target cell (e.g. a cell served by a different satellite or a cell belonging to a terrestrial network) (e.g., RAN 140) (The UE transmits towards a network node a loss notification, based on which the network node hands over the UE to a TN cell, while the UE is in a RRC_Connected state)). Regarding claim 14, Rune teaches a method for determining a serving cell, performed by a network device and comprising: determining a new serving cell for a user equipment (UE) based on a message sent by the UE ([0057] UE 102 may transmit towards network node 104 an indication indicating that UE 102 has lost the GNSS coverage [0123] When network node 104 (e.g., a base station or other network node) is informed about the loss of GNSS coverage for UE 102, network node 104 may perform a handover of UE 102 from its current serving cell (e.g., RAN 130) to a target cell (e.g. a cell served by a different satellite or a cell belonging to a terrestrial network) (e.g., RAN 140) (The UE transmits towards a network node a loss notification indicating that the UE has the lost navigation system coverage, based on which the network node determines a different serving cell)), wherein a current serving cell of the UE is a non-terrestrial network (NTN) cell ([0049] First satellite RAN 130 (satellite/NTN) [0123] Current serving cell (e.g., RAN 130)), and the message is sent by the UE when an acquisition situation of location information does not meet a preset condition ([0041] In this disclosure, “loss of GNSS coverage” (or “lack of GNSS coverage” or “lost GNSS coverage”) may be defined by an UE being unable to use GNSS to determine any one or more of: (i) its own position ([0057] UE 102 may transmit towards network node 104 an indication indicating that UE 102 has lost the GNSS coverage (The loss notification indicating that the UE has the lost navigation system coverage is transmitted by the UE when the UE has lost navigation coverage and is unable to determine position)); wherein the preset condition comprises: the location information not being obtained by the UE ([0041] In this disclosure, “loss of GNSS coverage” (or “lack of GNSS coverage” or “lost GNSS coverage”) may be defined by an UE being unable to use GNSS to determine any one or more of: (i) its own position); and wherein the method further comprises: determining a preset frequency priority configuration for the UE, wherein the preset frequency priority configuration is used by the UE to determine the new serving cell in an order from a high frequency priority to a low frequency priority ([0160] Network node 104 may also configure conditions for UE 102 to apply the cell re-selection strategy, e.g., in the form of priorities for different network systems, RATs and/or carrier frequencies [0163] The second Cell Reselection Priority list is a new priority list that may give the priority order of different NR frequencies or inter-RAT frequencies. A reasonable configuration of the ordering in the second Cell Reselection Priority list would be that the frequency and/or RAT and/or network type that has less stringent time and frequency access requirement is configured to be of higher priority (UE configured to apply order of priority for the cell re-selection, based on frequency, including a higher priority frequency)). Rune does not teach wherein the preset frequency priority configuration is configured to indicate that a priority of a frequency used by an NTN cell is lower than a priority of a frequency used by a terrestrial network (TN) cell, wherein the frequency used by the NTN cell is different from the frequency used by the TN cell. In the same field of endeavor, Cheng teaches wherein the preset frequency priority configuration is configured to indicate that a priority of a frequency used by an NTN cell is lower than a priority of a frequency used by a terrestrial network (TN) cell, wherein the frequency used by the NTN cell is different from the frequency used by the TN cell ([0022] A UE preferring TN cells may usually consider that a TN cell has a higher priority than an NTN cell. As shown in FIG. 2, when the UE preferring TN cells is in the original city deployed with TN cells having the frequency f2, the UE may be in the coverage of both the NTN cell (i.e., frequency f3) and the TN cell (i.e., frequency f2); hence, the UE may select the TN cell). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Rune, which includes determining new cells between non-terrestrial and terrestrial networks, to include Cheng’s teaching of prioritizing cells between non-terrestrial and terrestrial networks, based on frequency, for the benefit of providing a novel cell selection or reselection method for a terrestrial network (TN) and non-terrestrial network (NTN) capable UE, in order to save the UE power in performing cell reselection when the UE is served by the NTN (see [0007]). Regarding claim 17, Rune teaches the method according to claim 14, further comprising: handing over a serving cell of the UE from the NTN cell to a TN cell ([0049] First satellite RAN 130 (satellite/NTN) [0123] Network node 104 may perform a handover of UE 102 from its current serving cell (e.g., RAN 130) to a target cell (e.g. a cell belonging to a terrestrial network) (e.g., RAN 140)). Regarding claim 18, Rune teaches the method according to claim 14, wherein determining the new serving cell for the UE further comprises: sending a measurement indication message to the UE ([0132] Network node 104 may configure UE 102 for a conditional handover to a cell with looser requirements on timing/frequency pre-compensation (assumedly in a terrestrial network), with the condition(s) for handover execution including at least that UE 102 has lost GNSS coverage, possibly complemented by other conditions such as that the channel quality of the target cell, e.g. in terms of RSRP or RSRQ exceeds one or more threshold(s) [0136] It may also be that UE 102 is configured to include this information piggypagged to RRM measurement reports that may be event based RSRP/RSRQ or location reporting or periodic reporting (Network node configures UE to include measurements reports, based on RSRP/RSRQ)); receiving a measurement report reported by the UE after performing a cell measurement based on the measurement indication message ([0132] Network node 104 may configure UE 102 for a conditional handover to a cell with looser requirements on timing/frequency pre-compensation (assumedly in a terrestrial network), e.g. in terms of RSRP or RSRQ exceeds one or more threshold(s) [0136] It may also be that UE 102 is configured to include this information piggypagged to RRM measurement reports that may be event based RSRP/RSRQ or location reporting or periodic reporting (Network node receives the RSRP/RSRQ measurement reports, based on the configuration of UE by the network node)); and determining a TN cell as the new serving cell according to the measurement report ([0132] Network node 104 may configure UE 102 for a conditional handover to a cell with looser requirements on timing/frequency pre-compensation (assumedly in a terrestrial network), with the condition(s) for handover execution including at least that UE 102 has lost GNSS coverage, possibly complemented by other conditions such as that the channel quality of the target cell, e.g. in terms of RSRP or RSRQ exceeds one or more threshold(s) (Network node hands over the UE to a TN, based on the received RSRP/RSRQ measurement reports)). Regarding claim 21, Rune teaches a user equipment (UE) (Fig. 4 and [0199] UE 102), Comprising: a transceiver (Fig. 4 and [0199] Transmitter Tx 445 and Receiver RX 447); a memory (Fig. 4 and [0199] CRM 442 storing computer program); and a processor, wherein the processor is connected to the transceiver and the memory respectively, and configured to ([0199] processing circuitry 402 Fig. 4 processing circuitry 402 connected to Tx/Rx 445/447 and CRM 442): determine a new serving cell when an acquisition situation of location information of the UE does not meet a preset condition ([0041] In this disclosure, “loss of GNSS coverage” (or “lack of GNSS coverage” or “lost GNSS coverage”) may be defined by an UE being unable to use GNSS to determine any one or more of: (i) its own position [0185] The UE is configured to initiate the cell re-selection procedure as a result of detecting the loss of navigation system coverage (UE performs cell re-selection when UE has lost navigation coverage and is unable to determine position)); wherein the preset condition comprises: the location information not being obtained by the UE ([0041] In this disclosure, “loss of GNSS coverage” (or “lack of GNSS coverage” or “lost GNSS coverage”) may be defined by an UE being unable to use GNSS to determine any one or more of: (i) its own position); wherein the processor is further configured to: based on a preset frequency priority configuration, determine the new serving cell in an order from a high frequency priority to a low frequency priority ([0160] Network node 104 may also configure conditions for UE 102 to apply the cell re-selection strategy, e.g., in the form of priorities for different network systems, RATs and/or carrier frequencies [0163] The second Cell Reselection Priority list is a new priority list that may give the priority order of different NR frequencies or inter-RAT frequencies. A reasonable configuration of the ordering in the second Cell Reselection Priority list would be that the frequency and/or RAT and/or network type that has less stringent time and frequency access requirement is configured to be of higher priority (UE configured to apply order of priority for the cell re-selection, based on frequency, including a higher priority frequency)). Rune does not teach wherein the preset frequency priority configuration is configured to indicate that a priority of a frequency used by an NTN cell is lower than a priority of a frequency used by a terrestrial network (TN) cell, wherein the frequency used by the NTN cell is different from the frequency used by the TN cell.. In the same field of endeavor, Cheng teaches wherein the preset frequency priority configuration is configured to indicate that a priority of a frequency used by an NTN cell is lower than a priority of a frequency used by a terrestrial network (TN) cell, wherein the frequency used by the NTN cell is different from the frequency used by the TN cell. ([0022] A UE preferring TN cells may usually consider that a TN cell has a higher priority than an NTN cell. As shown in FIG. 2, when the UE preferring TN cells is in the original city deployed with TN cells having the frequency f2, the UE may be in the coverage of both the NTN cell (i.e., frequency f3) and the TN cell (i.e., frequency f2); hence, the UE may select the TN cell). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Rune, which includes determining new cells between non-terrestrial and terrestrial networks, to include Cheng’s teaching of prioritizing cells between non-terrestrial and terrestrial networks, based on frequency, for the benefit of providing a novel cell selection or reselection method for a terrestrial network (TN) and non-terrestrial network (NTN) capable UE, in order to save the UE power in performing cell reselection when the UE is served by the NTN (see [0007]). Regarding claim 22, Rune, in view of Cheng, teaches the method according to claim 14. Rune further teaches a network device (Fig. 5 and [0200] network node), comprising: a transceiver (Fig. 5 and [0200] transmitter (Tx) 545 and a receiver (Rx) 547); a memory (Fig. and [0200] CRM 542 storing computer program); and a processor, wherein the processor is connected to the transceiver and the memory respectively, and configured to perform the method according to claim 14 ([0200] processing circuitry 502 Fig. 5 processing circuitry 502 connected to Tx/Rx 445/447 and CRM 542). Regarding claim 23, Rune, in view of Cheng, teaches the method according to claim 1. Rune further teaches a non-transitory computer-readable storage medium having stored therein computer-executable instructions that, when executed by a processor, cause the method according to claim 1 to be implemented (Fig. 4 and [0199] CRM 442 storing computer program (CP) 443 comprising computer readable instructions (CRI) 444. CRM 442 may be a non-transitory computer readable medium. The CRI 444 of computer program 443 is configured such that when executed by PC (processing circuitry) 402, the CRI causes UE 102 to perform steps described herein). Regarding claim 24, Rune, in view of Cheng, teaches the method according to claim 14. Rune further teaches a non-transitory computer-readable storage medium having stored therein computer-executable instructions that, when executed by a processor, cause the method according to claim 14 to be implemented (Fig. 5 and [0200] CRM 542 storing computer program (CP) 543 comprising computer readable instructions (CRI) 544. CRM 542 may be a non-transitory computer readable medium. The CRI 544 of computer program 543 is configured such that when executed by PC (processing circuitry) 502, the CRI causes network node 104 to perform steps described herein). Regarding claim 26, Rune, in view of Cheng, teaches the UE according to claim 21. Rune further teaches wherein the processor is further configured to: determine the new serving cell via a cell selection, wherein the UE is in a non-connected state ([0185] In case the UE is in the inactive connection state or in the disconnected state, UE is configured to initiate the cell re-selection procedure). Regarding claim 28, Rune, in view of Cheng, teaches the UE according to claim 26. Rune further teaches wherein the processor is further configured to: based on a preset measurement standard, perform a cell measurement ([0132] Network node 104 may configure UE 102 for a conditional handover to a cell with looser requirements on timing/frequency pre-compensation (assumedly in a terrestrial network), e.g. in terms of RSRP or RSRQ exceeds one or more threshold(s) [0136] It may also be that UE 102 is configured to include this information piggypagged to RRM measurement reports that may be event based RSRP/RSRQ or location reporting or periodic reporting (Network node configures UE to perform measurements, according to RSRP or RSRQ exceeding one or more thresholds and reporting the measurements)). Regarding claim 29, Rune, in view of Cheng, teaches the UE according to claim 28. Rune further teaches wherein the preset measurement standard comprises at least one of: when a signal quality of the current serving cell is greater than a preset co-frequency measurement threshold, and the acquisition situation meets the preset condition, the cell measurement not being performed for a co-frequency cell; otherwise, the cell measurement being performed for the co-frequency cell, wherein the co-frequency cell has a same frequency as the current serving cell; when the signal quality of the current serving cell is greater than a preset inter-frequency measurement threshold, and the acquisition situation meets the preset condition, the cell measurement not being performed for a first type of cell; otherwise, the cell measurement being performed for the first type of cell, wherein a priority of a frequency used by the first type of cell is equal to or lower than a priority of a frequency used by the current serving cell ([0160] Network node 104 may also configure conditions for UE 102 to apply the cell re-selection strategy, e.g., in the form of channel quality thresholds (e.g. RSRP and/or RSRQ) and priorities for different network systems, RATs and/or carrier frequencies [0162] Network node 104 may provide UE 102 with two Cell Reselection Priority lists indicating absolute priorities of network systems, RATs and carrier frequencies [0163] A reasonable configuration of the ordering in the second Cell Reselection Priority list would be that the frequency and/or RAT and/or network type that has less stringent time and frequency access requirement is configured to be of higher priority (UE performs RSRP and RSRQ measurements for cell reselection based on priority that includes a priority order with higher priority based on frequency))); or when the signal quality of the current serving cell is greater than the preset inter-frequency measurement threshold, the UE is configured with a high-priority measurement relaxation, and the acquisition situation meets the preset condition, the cell measurement not being performed for a second type of cell; otherwise, the cell measurement being performed for the second type of cell, wherein a priority of a frequency used by the second type of cell is higher than the priority of the frequency used by the current serving cell. Claims 6 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Rune, in view of Cheng, and further in view of Gao, et al (WO 2021092810), hereafter Gao. Regarding claim 6, Rune, in view of Cheng, teaches the method according to claim 4. Rune, in view of Cheng, does not teach wherein determining the new serving cell via the cell selection comprises: based on a preset cell priority configuration, determining the new serving cell in an order from a high cell priority to a low cell priority, wherein the preset cell priority configuration is configured to indicate that a priority of an NTN cell is lower than a priority of a TN cell; wherein the NTN cell and the TN cell use a same frequency In the same field of endeavor, Gao teaches wherein determining the new serving cell via the cell selection comprises: based on a preset cell priority configuration, determining the new serving cell in an order from a high cell priority to a low cell priority, wherein the preset cell priority configuration is configured to indicate that a priority of an NTN cell is lower than a priority of a TN cell (Pg. 18 of 28, 6th Paragraph When receiving the indication IND_PC (e.g. an indication “prioritizeTN”) indicating the network type of the neighbor cell is the network type NT_A (i.e. the TN), the UE takes the network type of the neighbor cell into considerations and prioritizes the TN cells (i.e. at least one cell CE_A) over the NTN cells); wherein the NTN cell and the TN cell use a same frequency (Pg. 17 of 28, 8th Paragraph The NTN cells and the TN cells may be deployed in the same frequency). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Rune, in view of Cheng, which includes determining new cells between non-terrestrial and terrestrial networks, to include Gao’s teaching of determining new cells between non-terrestrial and terrestrial networks, based on frequency, for the benefit of determining how to move huge number of UEs between cells to a non-terrestrial network NTN or a terrestrial network TN (see [0118]). Regarding claim 27, Rune, in view of Cheng, teaches the UE according to claim 26. Rune, in view of Cheng, does not teach Wherein the processor is further configured to: based on a preset cell priority configuration, determine the new serving cell in an order from a high cell priority to a low cell priority, wherein the preset cell priority configuration is configured to indicate that a priority of an NTN cell is lower than a priority of a TN cell; wherein the NTN cell and the TN cell use a same frequency In the same field of endeavor, Gao teaches Wherein the processor is further configured to: based on a preset cell priority configuration, determine the new serving cell in an order from a high cell priority to a low cell priority, wherein the preset cell priority configuration is configured to indicate that a priority of an NTN cell is lower than a priority of a TN cell (Pg. 18 of 28, 6th Paragraph When receiving the indication IND_PC (e.g. an indication “prioritizeTN”) indicating the network type of the neighbor cell is the network type NT_A (i.e. the TN), the UE takes the network type of the neighbor cell into considerations and prioritizes the TN cells (i.e. at least one cell CE_A) over the NTN cells); wherein the NTN cell and the TN cell use a same frequency (Pg. 17 of 28, 8th Paragraph The NTN cells and the TN cells may be deployed in the same frequency). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Rune, in view of Cheng, which includes determining new cells between non-terrestrial and terrestrial networks, to include Gao’s teaching of determining new cells between non-terrestrial and terrestrial networks, based on frequency, for the benefit of determining how to move huge number of UEs between cells to a non-terrestrial network NTN or a terrestrial network TN (see [0118]). Claims 9 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Rune, in view of Cheng, and further in view of Chen, et al (US PG Publication 2023/0354060), hereafter Chen. Regarding claim 9, Rune, in view of Cheng, teaches the method according to claim 4. Rune, in view of Cheng, does not teach further comprising: recording information that the acquisition situation does not meet the preset condition via a minimization drive test (MDT) record. In the same field of endeavor, Chen teaches further comprising: recording information that the acquisition situation does not meet the preset condition via a minimization drive test (MDT) record ([0064] A current UE only performs position measurement in an idle state, so a network side cannot obtain continuous historical position data of UE user trajectory through a measurement report of a UE, and thus cannot make prediction. Therefore, it is necessary to solve how to perform a continuous measure on a position and a position-related measurement in various states of a UE. [0065] MDT is an automated drive test to collect and report measurement data for ordinary users/commercial terminals through network configuration, introduced by the 3rd Generation Partnership Project (3GPP) in a Long Term Evolution (LTE) system. The present application provides a new method, which enables a UE to continuously perform MDT measurements and collections in an idle state, an INACTIVE state and a connected state, and uses collected continuous historical measurement data of UE user trajectory for training and predicting and introducing UE speed and a movement direction angle to improve the accuracy of UE position prediction). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Rune, in view of Cheng, which includes performing actions when a location is unable to be obtained, to include Chen’s teaching of performing actions when a location is unable to be obtained, based on minimum drive testing, for the benefit of improving the accuracy of UE position prediction (see [0065]). Regarding claim 30 Rune, in view of Cheng, teaches the UE according to claim 26. Rune, in view of Cheng, does not teach Wherein the processor is further configured to: record information that the acquisition situation does not meet the preset condition via a minimization drive test (MDT) record. In the same field of endeavor, Chen teaches Wherein the processor is further configured to: record information that the acquisition situation does not meet the preset condition via a minimization drive test (MDT) record ([0064] A current UE only performs position measurement in an idle state, so a network side cannot obtain continuous historical position data of UE user trajectory through a measurement report of a UE, and thus cannot make prediction. Therefore, it is necessary to solve how to perform a continuous measure on a position and a position-related measurement in various states of a UE. [0065] MDT is an automated drive test to collect and report measurement data for ordinary users/commercial terminals through network configuration, introduced by the 3rd Generation Partnership Project (3GPP) in a Long Term Evolution (LTE) system. The present application provides a new method, which enables a UE to continuously perform MDT measurements and collections in an idle state, an INACTIVE state and a connected state, and uses collected continuous historical measurement data of UE user trajectory for training and predicting and introducing UE speed and a movement direction angle to improve the accuracy of UE position prediction). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Rune, in view of Cheng, which includes performing actions when a location is unable to be obtained, to include Chen’s teaching of performing actions when a location is unable to be obtained, based on minimum drive testing, for the benefit of improving the accuracy of UE position prediction (see [0065]). Conclusion Citation of Pertinent Prior Art not Applied The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Roy, et al (US PG Publication 2023/0102334), hereafter Roy, teaches that during TN-NTN join coverage, as TN cells are expected to have a better coverage then NTN cells, a network can assign higher priority to the TN cells over NTN cells. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Frank Donado whose telephone number is (571) 270-5361. The examiner can normally be reached Mondays through Fridays between 8 am and 4 pm. Examiner interviews are available via telephone 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 Patent Examiner (SPE) Charles Appiah can be reached at 571-272-7904. 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. /FRANK E DONADO/Examiner, Art Unit 2641 /CHARLES N APPIAH/ Supervisory Patent Examiner, Art Unit 2641
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Prosecution Timeline

Oct 11, 2023
Application Filed
Nov 01, 2025
Non-Final Rejection — §103
Feb 04, 2026
Response Filed
Apr 01, 2026
Non-Final Rejection — §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

2-3
Expected OA Rounds
69%
Grant Probability
99%
With Interview (+59.3%)
3y 1m
Median Time to Grant
Moderate
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