Prosecution Insights
Last updated: July 17, 2026
Application No. 18/716,437

METHOD AND DEVICE FOR CONFIGURING SMALL GAP ACCORDING TO GAP CONFIGURATION INFORMATION AND PERFORMING SMALL GAP OPERATION IN WIRELESS MOBILE COMMUNICATION SYSTEM

Non-Final OA §103
Filed
Jun 04, 2024
Priority
Jan 24, 2022 — RE 10-2022-0009791 +1 more
Examiner
RIVAS, RAUL
Art Unit
2471
Tech Center
2400 — Computer Networks
Assignee
Soenghun KIM
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
398 granted / 478 resolved
+25.3% vs TC avg
Moderate +10% lift
Without
With
+9.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
27 currently pending
Career history
529
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
91.7%
+51.7% vs TC avg
§102
5.2%
-34.8% vs TC avg
§112
0.4%
-39.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 478 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 . This action is in response to the application filed on 06/04/2024. The Claims 1-5 have been canceled by the applicant. The Claims 6-24 have been newly added by the applicant. 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. Claim(s) 6, 8-10, 17 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (WIPO. Pub. WO2020032643) in view of Niu et al. (U.S. Pub. 20240032022). Regarding claim 6 Park disclose, a method by a terminal, the method comprising: receiving, by the terminal from a base station, a Radio Resource Control (RRC) message, wherein the RRC message comprises a first configuration Information Element (IE) or a second configuration IE para. 10, “receiving a signal by a user equipment (UE) configured to operate in a first system in a radio resource control (RRC) connected mode. Receiving from the configuration information for a particular channel of the second system from”; establishing, by the terminal, a first gap based on the first configuration IE in case that the first configuration IE is comprised in the RRC message para. 209, “The terminal may receive gap setting information related to the search space (or monitoring of the search space) from the base station… the gap (or gap period) of the present invention may be set based on the gap setting information received from the base station”; and performing, by the terminal, an uplink operation for the first gap para. 130, “The terminal transmits the related signal to the base station through the uplink channel, and the base station receives the related signal from the terminal through the uplink channel”, performs Msg 3 transmission, wherein the first gap starts at a specific slot that is determined based on: a specific subframe that is determined based on the first configuration IE para. 60, “uplink transmission including an RRC connection request message on an uplink shared channel according to radio resource allocation information included in the response information (also referred to as message 3 or Msg3)”; and a configuration parameter related to uplink downlink configuration para. 60, “Receiving the specific channel in the second system based on the configuration information in an RRC idle mode; and performing a random access procedure in the first system or the second system in response to the received specific channel”. Park does not specifically disclose, wherein, for the uplink operation for the first gap, the terminal during the first gap: does not perform Sounding Reference Signal (SRS) transmission. However, Niu teach, “determining that the signal indicated by the first scheduling information is an SRS, and dropping the SRS and performing the BPS transmission during the first uplink gap slot based on a determination that the relative priority prioritizes performing the BPS transmission over transmitting the SRS” see para. 60. Park and Niu are analogous because they pertain to the field of wireless communication and, more specifically, to communication configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Niu in the system of Park to enable the system to prevent interference while retuning the working frequencies. The motivation for doing so would have been to ensure that high-priority control signaling or data transmissions do not get corrupted. Regarding claim 8 Park disclose, wherein the first gap consists of a one or more uplink slots para. 209, “the present invention is applied to the NR system, the gap of the present invention may be set in units of slots”. Regarding claim 9 Park disclose, wherein number of the one or more uplink slots of the first gap is determined based on: the parameter related to length of the first gap para. 99, “the gap information may indicate the number of slots corresponding to the set gap (or gap period)”; and a subcarrier spacing of serving cell para. 99, “the number of slots in the subframe depends on the subcarrier spacing (SCS)”. Regarding claim 10 Park disclose, wherein the parameter related to length of the first gap indicates a length in millisecond para. 99, “In NR, uplink and downlink transmission are composed of frames. The radio frame has a length of 10ms”. Regarding claim 17 Park does not specifically disclose, wherein: the terminal performs the uplink operation for the first gap for a first set of serving cells; and the first set of serving cells comprises serving cell on Frequency Region 2 (FR2). However, Niu teach, para. 34, “Due to unavoidable hardware sharing, various identified FR2 enhancements may rely on and benefit from a periodic uplink (UL) gap, during which time the UE can perform calibration and measurement”. Park and Niu are analogous because they pertain to the field of wireless communication and, more specifically, to communication configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Niu in the system of Park to enable the system to prevent interference while retuning the working frequencies. The motivation for doing so would have been to ensure that high-priority control signaling or data transmissions do not get corrupted. Claim(s) 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (WIPO. Pub. WO2020032643) in view of Niu et al. (U.S. Pub. 20240032022), further in view of Si et al. (U.S. Pub. 20230038050). Regarding claim 7 Park and Niu does not specifically disclose, wherein the first configuration IE comprises: a parameter related to offset of the first gap. However, Si teach, “The first measurement gap configuration information and the second measurement gap configuration information each may further include a gap offset”, see para. 57. Si further teach a parameter related to length of the first gap para. 54, “a gap length (measurement gap length)”; and a parameter related to repetition period of the first gap para. 55, “a gap repetition period (gap period)”. Park, Niu and Si are analogous because they pertain to the field of wireless communication and, more specifically, to communication configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Si in the system of Park and Niu to enable the system can perform based on the specific parameters being configured. The motivation for doing so would have been to reduce interference and data loss during transmissions. Regarding claim 14 Park and Niu does not specifically disclose, wherein, for the uplink operation for the first gap, the terminal performs SRS transmission outside of the first gap. However, Si teach, para. 447, “sending the SRS for positioning only in the DRX non-active time, or sending the SRS for positioning in both the DRX non-active time and the DRX active time”. Park, Niu and Si are analogous because they pertain to the field of wireless communication and, more specifically, to communication configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Si in the system of Park and Niu to enable the system can perform based on the specific parameters being configured. The motivation for doing so would have been to reduce interference and data loss during transmissions. Claim(s) 13, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (WIPO. Pub. WO2020032643) in view of Niu et al. (U.S. Pub. 20240032022), further in view of Yeo et al. (U.S. Pub. 20210392028). Regarding claim 13 Park and Niu does not specifically disclose, the specific subframe is determined by modulo operation based on the parameter related to offset of the first gap. However, Yeo teach, “the terminal attempts radio link quality measurement for neighboring cells in a radio frame and a subframe satisfying the following condition A… Subframe = “measurement offset” mod N”, see para. 241. Park, Niu and Yeo are analogous because they pertain to the field of wireless communication and, more specifically, to communication configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Yeo in the system of Park and Niu to enable the system accurately select the appropriated resources to use. The motivation for doing so would have been to improve the scheduling of the available resources. Regarding claim 15 Park and Niu does not specifically disclose, wherein, for the uplink operation for the first gap, the terminal: performs Hybrid Automatic Retransmission Request (HARQ) feedback transmission outside of the first gap and does not perform HARQ feedback transmission during the first gap. However, Yeo teach, para. 125, “in an LTE system operated by frequency division duplex (FDD), the HARQ ACK/NACK corresponding to the PDSCH transmitted in an n−4-th subframe or the PDCCH/EPDCCH including the SPS release is transmitted to the PUCCH or the PUSCH in an n-th subframe”. Park, Niu and Yeo are analogous because they pertain to the field of wireless communication and, more specifically, to communication configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Yeo in the system of Park and Niu to enable the system accurately select the appropriated resources to use. The motivation for doing so would have been to improve the scheduling of the available resources. Regarding claim 16 Park and Niu does not specifically disclose, wherein, for the uplink operation for the first gap, the terminal: performs Channel State Information (CSI) transmission outside of the first gap; and does not perform CSI transmission during the first gap. However, Yeo teach, para. 125, “In the case of FIG. 2T, it is illustrated that the mapping in the partial subframe 2t-01 of the CSI-RS 2t-03 does not overlap with the measurement gap 2t-02”. Park, Niu and Yeo are analogous because they pertain to the field of wireless communication and, more specifically, to communication configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Yeo in the system of Park and Niu to enable the system to prevent interference or handle limited processing and capabilities at the terminal. The motivation for doing so would have been to improve the power consumption. Claim(s) 18 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (WIPO. Pub. WO2020032643) in view of Niu et al. (U.S. Pub. 20240032022), further in view of Niu et al. (U.S. Pub. 20240215014), hereafter “Niu014”. Regarding claim 18 Park and Niu does not specifically disclose, wherein: the terminal performs the uplink operation for the first gap for a second set of serving cells; and the second set of serving cells comprises serving cell on FR1. However, Niu014 teach, para. 16, “the UL gap configuration also indicates the support of a per-FR gap, where FR1 data transmission still continues during the UL gap”. Park, Niu and Niu014 are analogous because they pertain to the field of wireless communication and, more specifically, to communication configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Niu014 in the system of Park and Niu so the system can suspend uplink transmissions on specific Frequency Region 1. The motivation for doing so would have been to reduce the frequency interference. Allowable Subject Matter Claims 11-12 and 19-23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Lee et al. (U.S. Pub. 20210289465) which disclose(s) method and apparatus for transmitting and receiving signal in wireless communication system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAUL RIVAS whose telephone number is (571)270–5590. The examiner can normally be reached on Monday – Friday, from 8:30am to 5:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sujoy K. Kundu, can be reached on (571) 272 - 8586. The fax phone number for the organization where this application or proceeding is assigned is 571–272–8300. Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing 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. /R.R/ Examiner, Art Unit 2471 /SUJOY K KUNDU/ Supervisory Patent Examiner, Art Unit 2471
Read full office action

Prosecution Timeline

Jun 04, 2024
Application Filed
Jul 10, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12684560
METHOD OF TRANSMITTING/RECEIVING DOWNLINK CONTROL INFORMATION AND APPARATUS FOR SAME
3y 9m to grant Granted Jul 14, 2026
Patent 12677135
RADIO PARAMETER DETECTION
2y 8m to grant Granted Jul 07, 2026
Patent 12666285
MEASUREMENT METHOD AND APPARATUS, TERMINAL DEVICE AND NETWORK DEVICE
3y 7m to grant Granted Jun 23, 2026
Patent 12652092
METHOD FOR REPORTING INFORMATION, METHOD FOR INDICATING INFORMATION, TERMINAL DEVICE, AND NETWORK DEVICE
4y 0m to grant Granted Jun 09, 2026
Patent 12641605
Coordination Information Transmission for Sidelink Inter-UE Coordination
3y 10m to grant Granted May 26, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
93%
With Interview (+9.8%)
2y 8m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 478 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month