Prosecution Insights
Last updated: April 19, 2026
Application No. 18/692,280

METHOD AND APPARATUS FOR SUPPORTING MEASUREMENT GAP ENHANCEMENTS IN DUAL CONNECTIVITY

Non-Final OA §103
Filed
Mar 14, 2024
Examiner
GELIN, JEAN ALLAND
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
93%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
1096 granted / 1240 resolved
+26.4% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
38 currently pending
Career history
1278
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
44.3%
+4.3% vs TC avg
§102
28.9%
-11.1% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1240 resolved cases

Office Action

§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 . 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, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 16-30 are rejected under 35 U.S.C. 103 as being unpatentable over HAN et al. (US 2021/0144658) in view of CHEN et al. (US 2024/0032008). Regarding claim 16, HAN et al. (US 2021/0144658) teaches a method performed by a first base station in a wireless communication system, the method comprising: receiving, from a second base station, capability information indicating whether the second base station supports measurement gap (i.e., a master node interacts with a secondary node about a measurement gap configuration capability of a base station side through an X2 interface, or in a scenario of new radio new radio dual connectivity (NN-DC), the master node interacts with the secondary node about the measurement gap configuration capability of the base station side through an Xn interface [0092]-[0094], S502, the master node requests a gap pattern configuration through an SN modification required message [figs. 11-12], [0142]-[0146]; it is required for the secondary node to notify the master node, in an indication manner, whether the secondary node itself has delivered the LTE inter-frequency measurement [0149]; S601, the secondary node sends an SN modification required message to the master node, and notifies the master node whether the secondary node side delivers or detects the LTE inter-frequency measurement [0151]); and transmitting, to the second base station, measurement gap configuration in case that the second base station supports the measurement gaps (i.e., S503, the master node performs the gap configuration, and sends the gap configuration information to the secondary node side through an SN modification confirm message [0143]-[0148]). HAN does not specifically disclose whether the base station supports multiple measurement gaps, a preconfigured gap or network controlled small gap (NCSG). However, the preceding limitation is known in the art of communications. Chen teaches The measurement gap may be configured by a measurement gap configuration (MeasGapConfig) information element (IE) that specifies the measurement gap configuration and control setup/release of measurement gaps ([0037]-[0039]). Various RRM features are being added to Release 17 networks. These include preconfigured MGs, multiple concurrent and independent MGs, and network controlled small gaps (NCSGs). The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP. Then, if the UE works on a particular BWP, the UE does not need to apply MG to save the scheduling opportunity. The preconfigured MG may be applicable to all MOs. Thus, the UE may activate/deactivate the preconfigured MG based only on the BWP on which it is operating. The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated. Thus, this design of the preconfigured MG provides that, for each configured BWP, the UE/NW needs to determine whether the pre-configured gap should be applied. The determination may be done by the network, which may send an explicit indication with an on/off flag, or by the UE without the on/off flag ([0047]-[0048]) for preconfigured measurement gaps, either NCSG or legacy gap may be possible ([0053]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Chen within the system of HAN in order to provide Measurement gap (MG) capability information on a per-UE basis in measurement and mobility parameters. This information may include an inter-frequency-measurement-no-gap field to indicate whether the UE can perform inter-frequency SSB based measurements without measurement gaps if the SSB is completely contained in the active BWP of the UE. Regarding claim 17, HAN in view of CHEN teaches all the limitations above. HAN further teaches in case that the second base station does not support the multiple measurement gaps, the preconfigured gap or the NCSG, transmitting, to a user equipment (UE), reconfiguration information including information indicating single measurement gap (i.e., In S511, the secondary node side needs to release an LTE inter-frequency measurement, and does not need the gap configuration ([0145]). The claim limitation could have been derived by one of ordinary skill in the art from CHEN’s reference which discloses The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated. Thus, this design of the preconfigured MG provides that, for each configured BWP, the UE/NW needs to determine whether the pre-configured gap should be applied. The determination may be done by the network, which may send an explicit indication with an on/off flag, or by the UE without the on/off flag [0040]-[0043], [0047]-[0048], [0053], [0157], [0164]). Accordingly, one of ordinary skill in the art, could have easily conceived the invention in claim 3 from a combination of HAN and CHEN. Regarding claim 18, HAN in view of CHEN teaches all the limitations above. HAN further teaches wherein the capability information is included in an inter-node RRC message or Xn message, wherein the capability information include maximum number of measurement gaps, maximum number of NCSG, maximum number of measurement gaps and NCSG together, maximum number of preconfigured gaps, maximum number of per UE or per FR gaps, and information indicating whether the second base station supports measurement gap separately for per UE, per FR1, or per FR2 (i.e., S702, the secondary node determines whether the secondary node supports the pre-FR gap (including FR2 gap configuration and per-FR scheduling support) through an X2/Xn setup response message [0128]e [0149]-[0156], [0162]). Regarding claim 19, HAN in view of CHEN teaches all the limitations above. HAN further teaches transmitting, to the second base station, information indicating a number of measurement gaps that are allocated ([0108]-[0109], [0130]). Regarding claim 20, HAN in view of CHEN teaches all the limitations above. HAN further teaches transmitting, to the second base station, information indicating whether the second base station is allowed to configure the preconfigured gap, the NCSG, and the multiple measurement gaps, based on the capability information (i.e., The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP [0047]-[0048], [0052], and [0136]). Regarding claim 21, HAN in view of CHEN teaches all the limitations above. CHEN further teaches receiving, from the second base station, information indicating at least one frequency to be measured, information indicating whether pre-configuration of measurement gap is required for the at least one frequency, and initial activation status required of the preconfigured gap for the at least one frequency (i.e., The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP… Thus, the UE may activate/deactivate the preconfigured MG based only on the BWP on which it is operating. The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated [0047]-[0048]). Regarding claim 22, HAN in view of CHEN teaches all the limitations above. CHEN further teaches receiving, from the second base station, information indicating activation status of the preconfigured gap ([0047]-[0048]). Regarding claim 23, HAN et al. (US 2021/0144658) teaches first base station in a wireless communication system, the first base station comprising: at least one transceiver; and at least one processor coupled to the at least one transceiver (inherent features of base station) and configured to: receive, from a second base station, capability information indicating whether the second base station supports measurement gap (i.e., a master node interacts with a secondary node about a measurement gap configuration capability of a base station side through an X2 interface, or in a scenario of new radio new radio dual connectivity (NN-DC), the master node interacts with the secondary node about the measurement gap configuration capability of the base station side through an Xn interface [0092]-[0094], S502, the master node requests a gap pattern configuration through an SN modification required message [figs. 11-12], [0142]-[0146]; it is required for the secondary node to notify the master node, in an indication manner, whether the secondary node itself has delivered the LTE inter-frequency measurement [0149]; S601, the secondary node sends an SN modification required message to the master node, and notifies the master node whether the secondary node side delivers or detects the LTE inter-frequency measurement [0151]); and transmit, to the second base station, measurement gap configuration in case that the second base station supports the measurement gaps (i.e., S503, the master node performs the gap configuration, and sends the gap configuration information to the secondary node side through an SN modification confirm message [0143]-[0148]). HAN does not specifically disclose whether the base station supports multiple measurement gaps, a preconfigured gap or network controlled small gap (NCSG). However, the preceding limitation is known in the art of communications. Chen teaches The measurement gap may be configured by a measurement gap configuration (MeasGapConfig) information element (IE) that specifies the measurement gap configuration and control setup/release of measurement gaps ([0037]-[0039]). Various RRM features are being added to Release 17 networks. These include preconfigured MGs, multiple concurrent and independent MGs, and network controlled small gaps (NCSGs). The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP. Then, if the UE works on a particular BWP, the UE does not need to apply MG to save the scheduling opportunity. The preconfigured MG may be applicable to all MOs. Thus, the UE may activate/deactivate the preconfigured MG based only on the BWP on which it is operating. The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated. Thus, this design of the preconfigured MG provides that, for each configured BWP, the UE/NW needs to determine whether the pre-configured gap should be applied. The determination may be done by the network, which may send an explicit indication with an on/off flag, or by the UE without the on/off flag ([0047]-[0048]) for preconfigured measurement gaps, either NCSG or legacy gap may be possible ([0053]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Chen within the system of HAN in order to provide Measurement gap (MG) capability information on a per-UE basis in measurement and mobility parameters. This information may include an inter-frequency-measurement-no-gap field to indicate whether the UE can perform inter-frequency SSB based measurements without measurement gaps if the SSB is completely contained in the active BWP of the UE. Regarding claim 24, HAN in view of CHEN teaches all the limitations above. HAN further teaches in case that the second base station does not support the multiple measurement gaps, the preconfigured gap or the NCSG, transmit, to a user equipment (UE), reconfiguration information including information indicating single measurement gap (i.e., In S511, the secondary node side needs to release an LTE inter-frequency measurement, and does not need the gap configuration ([0145]). The claim limitation could have been derived by one of ordinary skill in the art from CHEN’s reference which discloses The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated. Thus, this design of the preconfigured MG provides that, for each configured BWP, the UE/NW needs to determine whether the pre-configured gap should be applied. The determination may be done by the network, which may send an explicit indication with an on/off flag, or by the UE without the on/off flag [0040]-[0043], [0047]-[0048], [0053], [0157], [0164]). Accordingly, one of ordinary skill in the art, could have easily conceived the invention in claim 3 from a combination of HAN and CHEN. Regarding claim 25, HAN in view of CHEN teaches all the limitations above. HAN further teaches wherein the capability information is included in an inter-node RRC message or Xn message, wherein the capability information include maximum number of measurement gaps, maximum number of NCSG, maximum number of measurement gaps and NCSG together, maximum number of preconfigured gaps, maximum number of per UE or per FR gaps, and information indicating whether the second base station supports measurement gap separately for per UE, per FR1, or per FR2 (i.e., S702, the secondary node determines whether the secondary node supports the pre-FR gap (including FR2 gap configuration and per-FR scheduling support) through an X2/Xn setup response message [0128]e [0149]-[0156], [0162]). Regarding claim 26, HAN in view of CHEN teaches all the limitations above. HAN further teaches transmitting, to the second base station, information indicating a number of measurement gaps that are allocated ([0108]-[0109], [0130]). Regarding claim 27, HAN in view of CHEN teaches all the limitations above. HAN further teaches transmitting, to the second base station, information indicating whether the second base station is allowed to configure the preconfigured gap, the NCSG, and the multiple measurement gaps, based on the capability information (i.e., The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP [0047]-[0048], [0052], and [0136]). Regarding claim 28, HAN in view of CHEN teaches all the limitations above. CHEN further teaches receiving, from the second base station, information indicating at least one frequency to be measured, information indicating whether pre-configuration of measurement gap is required for the at least one frequency, and initial activation status required of the preconfigured gap for the at least one frequency (i.e., The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP… Thus, the UE may activate/deactivate the preconfigured MG based only on the BWP on which it is operating. The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated [0047]-[0048]). Regarding claim 29, HAN in view of CHEN teaches all the limitations above. CHEN further teaches receive, from the second base station, information indicating activation status of the preconfigured gap ([0047]-[0048]). Regarding claim 30, HAN et al. (US 2021/0144658) teaches a method performed by a second base station in a wireless communication system, the method comprising: transmitting, to a first base station, capability information indicating whether the second base station supports measurement gap (i.e., a master node interacts with a secondary node about a measurement gap configuration capability of a base station side through an X2 interface, or in a scenario of new radio new radio dual connectivity (NN-DC), the master node interacts with the secondary node about the measurement gap configuration capability of the base station side through an Xn interface [0092]-[0094], S502, the master node requests a gap pattern configuration through an SN modification required message [figs. 11-12], [0142]-[0146]; it is required for the secondary node to notify the master node, in an indication manner, whether the secondary node itself has delivered the LTE inter-frequency measurement [0149]; S601, the secondary node sends an SN modification required message to the master node, and notifies the master node whether the secondary node side delivers or detects the LTE inter-frequency measurement [0151]); and receiving, from the first base station, measurement gap configuration in case that the second base station supports the measurement gaps (i.e., S503, the master node performs the gap configuration, and sends the gap configuration information to the secondary node side through an SN modification confirm message [0143]-[0148]). HAN does not specifically disclose whether the base station supports multiple measurement gaps, a preconfigured gap or network controlled small gap (NCSG). However, the preceding limitation is known in the art of communications. Chen teaches The measurement gap may be configured by a measurement gap configuration (MeasGapConfig) information element (IE) that specifies the measurement gap configuration and control setup/release of measurement gaps ([0037]-[0039]). Various RRM features are being added to Release 17 networks. These include preconfigured MGs, multiple concurrent and independent MGs, and network controlled small gaps (NCSGs). The preconfigured MG feature may allow the network to indicate to the UE whether a preconfigured MG is activated for each BWP. Then, if the UE works on a particular BWP, the UE does not need to apply MG to save the scheduling opportunity. The preconfigured MG may be applicable to all MOs. Thus, the UE may activate/deactivate the preconfigured MG based only on the BWP on which it is operating. The network may provide the activation/deactivation indication to the UE for each BWP, or the UE and network may perform a common criteria check that is determinative as to when the preconfigured MG is to be activated/deactivated. Thus, this design of the preconfigured MG provides that, for each configured BWP, the UE/NW needs to determine whether the pre-configured gap should be applied. The determination may be done by the network, which may send an explicit indication with an on/off flag, or by the UE without the on/off flag ([0047]-[0048]) for preconfigured measurement gaps, either NCSG or legacy gap may be possible ([0053]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to have implemented the technique of Chen within the system of HAN in order to provide Measurement gap (MG) capability information on a per-UE basis in measurement and mobility parameters. This information may include an inter-frequency-measurement-no-gap field to indicate whether the UE can perform inter-frequency SSB based measurements without measurement gaps if the SSB is completely contained in the active BWP of the UE. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN ALLAND GELIN whose telephone number is (571)272-7842. The examiner can normally be reached MON-FR 9-6 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, JINSONG HU can be reached at 571-272-3965. 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. /JEAN A GELIN/Primary Examiner, Art Unit 2643
Read full office action

Prosecution Timeline

Mar 14, 2024
Application Filed
Feb 18, 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
88%
Grant Probability
93%
With Interview (+4.5%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1240 resolved cases by this examiner. Grant probability derived from career allow rate.

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