Prosecution Insights
Last updated: April 19, 2026
Application No. 18/626,064

METHOD AND APPARATUS FOR FREQUENCY MEASUREMENT AND GAP CONFIGURATION

Non-Final OA §103
Filed
Apr 03, 2024
Examiner
TAYLOR, NATHAN SCOTT
Art Unit
2643
Tech Center
2600 — Communications
Assignee
ZTE CORPORATION
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
98%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
729 granted / 872 resolved
+21.6% vs TC avg
Moderate +15% lift
Without
With
+14.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
33 currently pending
Career history
905
Total Applications
across all art units

Statute-Specific Performance

§101
4.3%
-35.7% vs TC avg
§103
62.0%
+22.0% vs TC avg
§102
3.4%
-36.6% vs TC avg
§112
20.1%
-19.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 872 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In virtue of the communication filed on 04/03/2024, claims 1-12 are pending, wherein claims 1, 5, 9 are written in independent form. The present Application is a CON of PCT/CN2018/113382 with a Filing Date of 11/01/2018; CON of 17/244,322 with a Filing Date of 04/29/2021 and a CON of 17/342,934 with a filing date of 06/09/2021. Claim Interpretation The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation (BRI) of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. Claim Rejections - 35 USC § 103 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 of this title, 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 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication US-20190306915 to Kim et al (hereinafter d1) in view of United States Patent Application Publication US 20190306915 to Jin et al (hereinafter d2). Regarding claim 1, as to the limitation “A method for determining a type of a frequency measurement, comprising:” d1 discloses a system (i.e. wireless communication system)(see d1 Fig. 1) which includes a device (see d1 Figs. 2, 3) wherein the devices comprise at least a transceiver (see d1 Figs. 2, 3) and processor, electrically coupled to the transceiver (see d1 Figs. 2, 3); wherein the device(s) are configured to perform a method (see d1 Fig. 11); as to the limitation “transmitting a first message from a first wireless communication node to a second wireless communication node, wherein the first message comprises frequency information of a list of serving cells of the first wireless communication node, and wherein the frequency information of the list of the serving cells of the first wireless communication node is used by the second wireless communication node to determine the type of the frequency measurement” d1 discloses transmission from one node and reception by another node of frequency information of at least one serving cell (i.e. list of serving cells) (see d1 para. 0251, 0255-0256) including frequency information (see d1 para. 0251-0252) which is used to determine the type of frequency measurement (see d1 Fig. 11 element 1820; para. 0249-0259). D1 may not appear to explicitly disclose frequency information of a list of serving cells, attention is directed to d2. D2 discloses a list of cells to be measured (i.e. frequency information of a list of serving cells) (see d2 para. 0269, 0315) as applied to a determination of measurement type (see d2 para. 0327 and method of Fig. 2G para. 0313-0328). 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 system and/or method of d1 regarding wireless communication to incorporate the details of frequency information of a list of serving cells as disclosed by d2 according to the teaching, suggestion and/or motivation found throughout d1 and/or d2. One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 to achieve any of a plurality of advantages disclosed throughout d2 including at least to reduce terminal complexity and, particularly, reduce an RF tuning delay time for radio resource measurement and battery consumption (see d2 para. 0047). D2 is related to d1 in a similar field of endeavor (wireless communication) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d2 to the implementation of d1 to achieve the predictable result of improved efficiency (see d2 para. 0047) wherein both techniques were known and used as of the effective filing date (as shown by d2), and the combination yielding a predictable result of improved efficiency (without a change in function thereof) with no undue experimentation. It is also noted that many of the noted sections of d2 are equally applicable to meet many of the limitations set forth above as met by d1, therefore the teaching of d2 may be applied to any other limitation of the claims rejected under this section when d1 in view of d2 is considered as a whole and not individually. Regarding claim 2, as to the limitation “The method of claim 1, wherein the first message is an inter-node Radio Resource Control (RRC) message” d1 in view of d2 discloses inter node RRC messaging (see d1 para. 0250). Regarding claim 3, as to the limitation “The method of claim 1, wherein the type of the frequency measurement comprises at least one of the following: an intra-frequency measurement or an inter-frequency measurement” d1 in view of d2 discloses the type of the frequency measurement as at least one of an intra-frequency measurement or an inter-frequency measurement (see d1 para. 0257-0259). Regarding claim 4, as to the limitation “The method of claim 1, wherein the frequency information of the list of the first serving cells of the first wireless communication node comprise frequency information of a synchronization signal block (SSB)” d1 in view of d2 discloses frequency information of a synchronization signal block (SSB) (see d1 throughout and at least para. 0245-0252). Regarding claim 5, as to the limitation “A method for determining a type of a frequency measurement, comprising:” d1 discloses a system (i.e. wireless communication system)(see d1 Fig. 1) which includes a device (see d1 Figs. 2, 3) wherein the devices comprise at least a transceiver (see d1 Figs. 2, 3) and processor, electrically coupled to the transceiver (see d1 Figs. 2, 3); wherein the device(s) are configured to perform a method (see d1 Fig. 11); as to the limitation “receiving a first message from a first wireless communication node by a second wireless communication node, wherein the first message comprises frequency information of a list of serving cells of the first wireless communication node; and using the frequency information of the list of the serving cells of the first wireless communication node, by the second wireless communication node, to determine the type of the frequency measurement” d1 discloses transmission from one node and reception by another node of frequency information of at least one serving cell (i.e. list of serving cells) (see d1 para. 0251, 0255-0256) including frequency information (see d1 para. 0251-0252) which is used to determine the type of frequency measurement (see d1 Fig. 11 element 1820; para. 0249-0259). D1 may not appear to explicitly disclose frequency information of a list of serving cells, attention is directed to d2. D2 discloses a list of cells to be measured (i.e. frequency information of a list of serving cells) (see d2 para. 0269, 0315) as applied to a determination of measurement type (see d2 para. 0327 and method of Fig. 2G para. 0313-0328). 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 system and/or method of d1 regarding wireless communication to incorporate the details of frequency information of a list of serving cells as disclosed by d2 according to the teaching, suggestion and/or motivation found throughout d1 and/or d2. One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 to achieve any of a plurality of advantages disclosed throughout d2 including at least to reduce terminal complexity and, particularly, reduce an RF tuning delay time for radio resource measurement and battery consumption (see d2 para. 0047). D2 is related to d1 in a similar field of endeavor (wireless communication) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d2 to the implementation of d1 to achieve the predictable result of improved efficiency (see d2 para. 0047) wherein both techniques were known and used as of the effective filing date (as shown by d2), and the combination yielding a predictable result of improved efficiency (without a change in function thereof) with no undue experimentation. It is also noted that many of the noted sections of d2 are equally applicable to meet many of the limitations set forth above as met by d1, therefore the teaching of d2 may be applied to any other limitation of the claims rejected under this section when d1 in view of d2 is considered as a whole and not individually. Regarding claim 6, as to the limitation “The method of claim 5, wherein the first message is an inter-node Radio Resource Control (RRC) message” d1 in view of d2 discloses inter node RRC messaging (see d1 para. 0250). Regarding claim 7, as to the limitation “The method of claim 5, wherein the type of the frequency measurement comprises at least one of the following: an intra-frequency measurement or an inter-frequency measurement” d1 in view of d2 discloses the type of the frequency measurement as at least one of an intra-frequency measurement or an inter-frequency measurement (see d1 para. 0257-0259). Regarding claim 8, as to the limitation “The method of claim 5, wherein the frequency information of the list of the first serving cells of the first wireless communication node comprise frequency information of a synchronization signal block (SSB)” d1 in view of d2 discloses frequency information of a synchronization signal block (SSB) (see d1 throughout and at least para. 0245-0252). Regarding claim 9, as to the limitation “A first wireless communication node, comprising: a transceiver, configured to” “a processor, electrically coupled to the transceiver and configured to” d1 discloses a system (i.e. wireless communication system)(see d1 Fig. 1) which includes a device (see d1 Figs. 2, 3) wherein the devices comprise at least a transceiver (see d1 Figs. 2, 3) and processor, electrically coupled to the transceiver (see d1 Figs. 2, 3); wherein the device(s) are configured to perform a method (see d1 Fig. 11); as to the limitation “receive a first message from a second wireless communication node, wherein the first message comprises frequency information of a list of serving cells of the second wireless communication node; and a processor, electrically coupled to the transceiver and configured to use the frequency information of the list of the serving cells of the second wireless communication node to determine a type of a frequency measurement” d1 discloses transmission from one node and reception by another node of frequency information of at least one serving cell (i.e. list of serving cells) (see d1 para. 0251, 0255-0256) including frequency information (see d1 para. 0251-0252) which is used to determine the type of frequency measurement (see d1 Fig. 11 element 1820; para. 0249-0259). D1 may not appear to explicitly disclose frequency information of a list of serving cells, attention is directed to d2. D2 discloses a list of cells to be measured (i.e. frequency information of a list of serving cells) (see d2 para. 0269, 0315) as applied to a determination of measurement type (see d2 para. 0327 and method of Fig. 2G para. 0313-0328). 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 system and/or method of d1 regarding wireless communication to incorporate the details of frequency information of a list of serving cells as disclosed by d2 according to the teaching, suggestion and/or motivation found throughout d1 and/or d2. One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 to achieve any of a plurality of advantages disclosed throughout d2 including at least to reduce terminal complexity and, particularly, reduce an RF tuning delay time for radio resource measurement and battery consumption (see d2 para. 0047). D2 is related to d1 in a similar field of endeavor (wireless communication) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d2 to the implementation of d1 to achieve the predictable result of improved efficiency (see d2 para. 0047) wherein both techniques were known and used as of the effective filing date (as shown by d2), and the combination yielding a predictable result of improved efficiency (without a change in function thereof) with no undue experimentation. It is also noted that many of the noted sections of d2 are equally applicable to meet many of the limitations set forth above as met by d1, therefore the teaching of d2 may be applied to any other limitation of the claims rejected under this section when d1 in view of d2 is considered as a whole and not individually. Regarding claim 10, as to the limitation “The first wireless communication node of claim 9, wherein the first message is an inter-node Radio Resource Control (RRC) message” d1 in view of d2 discloses inter node RRC messaging (see d1 para. 0250). Regarding claim 11, as to the limitation “The first wireless communication node of claim 9, wherein the type of the frequency measurement comprises at least one of the following: an intra-frequency measurement or an inter-frequency measurement” d1 in view of d2 discloses the type of the frequency measurement as at least one of an intra-frequency measurement or an inter-frequency measurement (see d1 para. 0257-0259). Regarding claim 12, as to the limitation “The first wireless communication node of claim 9, wherein the frequency information of the list of the first serving cells of the first wireless communication node comprise frequency information of a synchronization signal block (SSB)” d1 in view of d2 discloses frequency information of a synchronization signal block (SSB) (see d1 throughout and at least para. 0245-0252). Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN SCOTT TAYLOR whose telephone number is (571)270-3189. The examiner can normally be reached on Mon. - Thurs. 9:00-4:00. 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, JINSONG HU can be reached on 5712723965. 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. /NATHAN S TAYLOR/ Primary Examiner, Art Unit 2643
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Prosecution Timeline

Apr 03, 2024
Application Filed
Mar 20, 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

1-2
Expected OA Rounds
84%
Grant Probability
98%
With Interview (+14.7%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 872 resolved cases by this examiner. Grant probability derived from career allow rate.

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