Prosecution Insights
Last updated: October 26, 2026
Application No. 18/723,032

METHOD AND APPARATUS FOR MANAGING ACTIVATION/DEACTIVATION OF MEASUREMENT GAP IN WIRELESS NETWORK

Final Rejection §103
Filed
Jun 21, 2024
Priority
Dec 22, 2021 — IN 202141059965 +1 more
Examiner
SHARMA, POONAM
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
2 (Final)
92%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
23 granted / 25 resolved
+34.0% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
21 currently pending
Career history
59
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
57.3%
+17.3% vs TC avg
§102
18.5%
-21.5% vs TC avg
§112
19.8%
-20.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 25 resolved cases

Office Action

§103
Response to Amendment This office action is in response to claim amendment filed on July 22, 2026. Claims 16, 20, 21, 25, 26, 30, 31, and 35 have been amended. Claims 17, 18, 22, 23, 27, 28, 32, and 33 cancelled. Claims 16, 19-21, 24-26, 29-31 and 34-35 are pending. Response to Arguments The objection to the specification has been withdrawn in light of applicant’s amendments and remarks (see remarks Pg. 10). Applicant’s arguments with respect to rejection of claim(s) 16, 17, 19-22, 24-27, 29-32, 34, and 35 under 35 U.S.C. §103 have been fully considered and is persuasive (see remarks Pg. 7-10). However, upon further consideration, a new ground(s) of rejection is made as necessitated by the claim amendments. 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. The factual inquiries 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 non-obviousness. Claim(s) 16, 19-21, 24-26, 29-31 and 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Cui et al., US 20240397395 A1, (hereinafter Cui) in view of R1-2111976 LG_latency_3GPP_TSG_RAN_WG1_Meeting, (hereinafter LG) and in further view of Grilli et al., US 20070097914 A1, (hereinafter Grilli). Regarding claim 16 and 21, Cui teaches a method performed by a user equipment (UE) in a wireless communication system supporting [[a]] preconfigured measurement gaps, the method comprising (see ¶ [0019], e.g., method for the UE to request measurement gaps to the serving base station for positioning measurements and for the UE to activate and deactivate the measurement gaps when the serving base station changes the active BWP): transmitting, to a base station, a first medium access control-control element (MAC-CE) for a measurement gap deactivation request for the preconfigured measurement gap to deactivate the preconfigured measurement gap activated for the UE (see ¶ [0019], ¶ [0027], wherein the UE may request deactivation of the measurement gaps (MGs) using media-access-control control element (MAC CE) signaling to a base station (gNB), and where MGs are activated by the UE when gNB switches a active BWP; see ¶ [0028], wherein gNB may indicate the deactivation of the MGs to the UE using MAC CE signaling); and receiving, from the base station, a second MAC-CE for a measurement gap deactivation command for the preconfigured measurement gap in response to transmitting first MAC-CE measurement gap deactivation request (see ¶ [0024], ¶ [0028], wherein the UE and the serving gNB coordinate the deactivation of the MGs for the UE during BWP switching; the gNB uses MAC CE signaling to deactivate the measurement gap, in response to a request from the UE), however, it does not explicitly teach deactivation request including a first identifier for aa second identifier for the preconfigured measurement gap and wherein the first MAC-CE is identified by a first header of the first MAC-CE and the second MAC-CE is identified by a second header of the second MAC-CE. LG teaches, deactivation request including an identifier for the preconfigured measurement gap and deactivation command including the identifier for the preconfigured measurement gap (see Pg. 2-3, Sec 2.3, e.g., wherein for deactivation of MG, RAN supports pre-configuration of MGs, and MG index (or MG ID) to distinguish configured multiple MGs easily and the information also needs to be provided to request specific MG properly. The MG index (or MG lD) needs to be included in the both MG activation request (UE-initiated) and MG activation (gNB-initiated) respectively; signaling for deactivation is transmitted after activation of MG like using MAC-CE signaling.). Grilli teaches wherein the first MAC-CE is identified by a first header of the first MAC-CE and the second MAC-CE is identified by a second header of the second MAC-CE (see ¶ [0008], wherein the user equipment can inform a base station that a measurement gap is desired by setting a particular value within a MAC-e (or other layer-2) header. The network can, upon receipt of an indication that a measurement gap is desired, schedule a measurement gap; accordingly; ¶ [0033], user equipment 102 can include a request generator 106 that creates a request for a measurement gap and provides such request to base station 104 over the uplink. In an example, such request can be provided over the data link layer (layer 2 signaling). The request can be … a flag or value within the header of a data packet (such as within a MAC-e header), or any other suitable manner for providing a request to base station 104; ¶ [0041] Moreover, memory 402 can comprise instructions for indicating within a MAC-e header that a measurement gap is desired by user equipment that comprises the apparatus 400). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified deactivation indication of the MGs of Cui to incorporate the teachings of LG to include deactivation request including an identifier for the preconfigured measurement gap and deactivation command including the identifier for the preconfigured measurement gap and incorporate the teachings of Grilli to include MAC-CE header for these messages. Doing so would facilitate in achieving latency reduction, improved distinguishing of configured Multiple MGs easily and reducing overhead of MG activation as suggested by LG (see Pg. 2-3, Sec 2.3, Proposal 4: RAN1 should support the pre-configuration of MGs in terms of latency reduction; see Observation 3, e.g., If pre-configuration of MGs is supported, introducing some information such as MG index (or MG ID) seems necessary to distinguish configured Multiple MGs easily, in addition to reducing the overhead of both MG activation request and MG activation.). Regarding claim 19 and 24, Cui as combined with LG and Grilli teaches the limitations of Claim 16 and 21. Cui further teaches, wherein the preconfigured measurement gap is used for a positioning measurement (see ¶ [0024], e.g., Disclosed are methods for the UE and the serving gNB to coordinate the activation and deactivation of measurement gaps for performing positioning measurements using target PRS during BWP switching when the target PRS may be contained within or cast outside of the active BWP.). Regarding claim 20 and 25, Cui as combined with LG and Grilli teaches the limitations of Claim 16 and 21. Cui further teaches, further comprising: receiving, from the base station, configuration information for the preconfigured measurement gap (see ¶ [0104], e.g., At operation 1403, the UE receives configuration information from the serving base station to configure measurement gaps for the positioning measurements.); transmitting, to the base station, a third MAC-CE for a measurement gap activation request for the preconfigured measurement gap to activate the preconfigured measurement gap for the UE (see ¶ [0019], ¶ [0027], wherein the UE may request activation of the measurement gaps (MGs) using media-access-control control element (MAC CE) signaling to a base station (gNB), and if the active BWP does not contain the target PRS; see ¶ [0028], wherein gNB may indicate the activation of the MGs to the UE using MAC CE signaling; see ¶ [0105], e.g., At operation 1405, the UE transmits to the serving base station an activation signal for the measurement gaps. The UE may transmit the activation signal when the active BWP does not contain the target PRS.); and receiving, from the base station, a fourth MAC-CE for a measurement gap activation command for the preconfigured measurement gap in response to transmission of the measurement gap activation request (see ¶ [0024], ¶ [0028], wherein the UE and the serving gNB coordinate the activation of the MGs for the UE during BWP switching; gNB may indicate the activation of the MGs to the UE using MAC CE signaling; see ¶ [0106], e.g., At operation 1407, the UE receives target PRS to perform the positioning measurement during the measurement gaps after the UE transmits the activation signal for the measurement gaps.). however, it does not explicitly teach activation request including a third identifier for the preconfigured measurement gap and activation command including fourth identifier for the preconfigured measurement gap. LG teaches, activation request including an identifier for the preconfigured measurement gap and activation command including the identifier for the preconfigured measurement gap (see Pg. 2-3, Sec 2.3, e.g., wherein for activation of MG, RAN supports pre-configuration of MGs, and MG index (or MG ID) to distinguish configured multiple MGs easily and the information also needs to be provided to request specific MG properly. The MG index (or MG lD) needs to be included in the both MG activation request (UE-initiated) and MG activation (gNB-initiated) respectively.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified activation indication of the MGs of Cui to incorporate the teachings of LG to include activation request including an identifier for the preconfigured measurement gap and activation command including the identifier for the preconfigured measurement gap. Doing so would facilitate in achieving latency reduction, improved distinguishing of configured Multiple MGs easily and reducing overhead of MG activation as suggested by LG (see Pg. 2-3, Sec 2.3, Proposal 4: RAN1 should support the pre-configuration of MGs in terms of latency reduction; see Observation 3, e.g., If pre-configuration of MGs is supported, introducing some information such as MG index (or MG ID) seems necessary to distinguish configured Multiple MGs easily, in addition to reducing the overhead of both MG activation request and MG activation. signaling for activation of MG is transmitted using MAC-CE signaling). Regarding claim 26 and 31, Cui teaches a method performed by a base station in a wireless communication system supporting a preconfigured measurement gap, the method comprising (see ¶ [0019], e.g., method for the UE to request measurement gaps to the serving base station for positioning measurements and for the UE to activate and deactivate the measurement gaps when the serving base station changes the active BWP): receiving, from a user equipment (UE), a first medium access control-control element (MAC-CE) for a measurement gap deactivation request for the preconfigured measurement gap to deactivate the preconfigured measurement gap activated for the UE (see ¶ [0019], ¶ [0027], wherein the UE may request deactivation of the measurement gaps (MGs) using media-access-control control element (MAC CE) signaling to a base station (gNB), and where MGs are activated by the UE when gNB switches a active BWP; see ¶ [0028], wherein gNB may indicate the deactivation of the MGs to the UE using MAC CE signaling); and transmitting, to the UE, a second MAC-CE for a measurement gap deactivation command for the preconfigured measurement gap in response to receiving the first MAC-CE see ¶ [0024], ¶ [0028], wherein the UE and the serving gNB coordinate the deactivation of the MGs for the UE during BWP switching; the gNB uses MAC CE signaling to deactivate the measurement gap, in response to a request from the UE), however, it does not explicitly teach deactivation request including an identifier for the preconfigured measurement gap and deactivation command including the identifier for the preconfigured measurement gap and wherein the first MAC-CE is identified by a first header of the first MAC-CE and the second MAC-CE is identified by a second header of the second MAC-CE. LG teaches, deactivation request including an identifier for the preconfigured measurement gap and deactivation command including the identifier for the preconfigured measurement gap (see Pg. 2-3, Sec 2.3, e.g., wherein for deactivation of MG, RAN supports pre-configuration of MGs, and MG index (or MG ID) to distinguish configured multiple MGs easily and the information also needs to be provided to request specific MG properly. The MG index (or MG lD) needs to be included in the both MG activation request (UE-initiated) and MG activation (gNB-initiated) respectively; signaling for deactivation is transmitted after activation of MG like using MAC-CE signaling.). Grilli teaches wherein the first MAC-CE is identified by a first header of the first MAC-CE and the second MAC-CE is identified by a second header of the second MAC-CE (see ¶ [0008], wherein the user equipment can inform a base station that a measurement gap is desired by setting a particular value within a MAC-e (or other layer-2) header. The network can, upon receipt of an indication that a measurement gap is desired, schedule a measurement gap; accordingly; ¶ [0033], user equipment 102 can include a request generator 106 that creates a request for a measurement gap and provides such request to base station 104 over the uplink. In an example, such request can be provided over the data link layer (layer 2 signaling). The request can be … a flag or value within the header of a data packet (such as within a MAC-e header), or any other suitable manner for providing a request to base station 104; ¶ [0041] Moreover, memory 402 can comprise instructions for indicating within a MAC-e header that a measurement gap is desired by user equipment that comprises the apparatus 400). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified deactivation indication of the MGs of Cui to incorporate the teachings of LG to include deactivation request including an identifier for the preconfigured measurement gap and deactivation command including the identifier for the preconfigured measurement gap and incorporate the teachings of Grilli to include MAC-CE header for these messages. Doing so would facilitate in achieving latency reduction, improved distinguishing of configured Multiple MGs easily and reducing overhead of MG activation as suggested by LG (see Pg. 2-3, Sec 2.3, Proposal 4: RAN1 should support the pre-configuration of MGs in terms of latency reduction; see Observation 3, e.g., If pre-configuration of MGs is supported, introducing some information such as MG index (or MG ID) seems necessary to distinguish configured Multiple MGs easily, in addition to reducing the overhead of both MG activation request and MG activation.). Regarding claim 29 and 34, Cui as combined with LG and Grilli teaches the limitations of Claim 26 and 31. Cui further teaches, wherein the preconfigured measurement gap is used for a positioning measurement (see ¶ [0024], e.g., Disclosed are methods for the UE and the serving gNB to coordinate the activation and deactivation of measurement gaps for performing positioning measurements using target PRS during BWP switching when the target PRS may be contained within or cast outside of the active BWP.). Regarding claim 30 and 35, Cui as combined with LG and Grilli teaches the limitations of Claim 26 and 31. Cui further teaches, further comprising: transmitting, to the UE, configuration information for the preconfigured measurement gap (see ¶ [0104], e.g., At operation 1403, the UE receives configuration information from the serving base station to configure measurement gaps for the positioning measurements.); receiving, from the UE, a third MAC-CE for a measurement gap activation request for the preconfigured measurement gap to activate the preconfigured measurement gap see ¶ [0019], ¶ [0027], wherein the UE may request activation of the measurement gaps (MGs) using media-access-control control element (MAC CE) signaling to a base station (gNB), and if the active BWP does not contain the target PRS; see ¶ [0028], wherein gNB may indicate the activation of the MGs to the UE using MAC CE signaling; see ¶ [0105], e.g., At operation 1405, the UE transmits to the serving base station an activation signal for the measurement gaps. The UE may transmit the activation signal when the active BWP does not contain the target PRS.); and transmitting, to the UE, a fourth MAC-CE for a measurement gap activation command for the preconfigured measurement gap in response to receiving the third MAC-CE see ¶ [0024], ¶ [0028], wherein the UE and the serving gNB coordinate the activation of the MGs for the UE during BWP switching; gNB may indicate the activation of the MGs to the UE using MAC CE signaling; see ¶ [0106], e.g., At operation 1407, the UE receives target PRS to perform the positioning measurement during the measurement gaps after the UE transmits the activation signal for the measurement gaps). however, it does not explicitly teach activation request including a third identifier for the preconfigured measurement gap and activation command including a fourth identifier for the preconfigured measurement gap. LG teaches, activation request including an identifier for the preconfigured measurement gap and activation command including the identifier for the preconfigured measurement gap (see Pg. 2-3, Sec 2.3, e.g., wherein for activation of MG, RAN supports pre-configuration of MGs, and MG index (or MG ID) to distinguish configured multiple MGs easily and the information also needs to be provided to request specific MG properly. The MG index (or MG lD) needs to be included in the both MG activation request (UE-initiated) and MG activation (gNB-initiated) respectively.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified activation indication of the MGs of Cui to incorporate the teachings of LG to include activation request including an identifier for the preconfigured measurement gap and activation command including the identifier for the preconfigured measurement gap. Doing so would facilitate in achieving latency reduction, improved distinguishing of configured Multiple MGs easily and reducing overhead of MG activation as suggested by LG (see Pg. 2-3, Sec 2.3, Proposal 4: RAN1 should support the pre-configuration of MGs in terms of latency reduction; see Observation 3, e.g., If pre-configuration of MGs is supported, introducing some information such as MG index (or MG ID) seems necessary to distinguish configured Multiple MGs easily, in addition to reducing the overhead of both MG activation request and MG activation. signaling for activation of MG is transmitted using MAC-CE signaling). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to POONAM SHARMA whose telephone number is (571)272-6579. The examiner can normally be reached Monday thru 8:30-5:30 pm, ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Bates can be reached at (571) 272-3980. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /POONAM SHARMA/Examiner, Art Unit 2472 /KEVIN T BATES/Supervisory Patent Examiner, Art Unit 2472
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Prosecution Timeline

Jun 21, 2024
Application Filed
Jun 21, 2024
Response after Non-Final Action
Apr 22, 2026
Non-Final Rejection mailed — §103
Jul 22, 2026
Response Filed
Sep 30, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
92%
Grant Probability
99%
With Interview (+10.5%)
2y 10m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 25 resolved cases by this examiner. Grant probability derived from career allowance rate.

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