Prosecution Insights
Last updated: October 22, 2026
Application No. 18/725,801

METHOD AND APPARATUS FOR DETERMINING MEASUREMENT GAP, METHOD AND APPARATUS FOR CONFIGURING MEASUREMENT GAP, TERMINAL AND BASE STATION

Final Rejection §103
Filed
Jun 30, 2024
Priority
Jan 05, 2022 — CN 202210005136.6 +1 more
Examiner
CHAKRAVARTHY, LATHA
Art Unit
Tech Center
Assignee
Datang Mobile Communications Equipment Co., Ltd.
OA Round
2 (Final)
44%
Grant Probability
Moderate
3-4
OA Rounds
1y 0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 44% of resolved cases
44%
Career Allowance Rate
15 granted / 34 resolved
-15.9% vs TC avg
Strong +52% interview lift
Without
With
+52.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
27 currently pending
Career history
85
Total Applications
across all art units

Statute-Specific Performance

§103
66.2%
+26.2% vs TC avg
§102
24.5%
-15.5% vs TC avg
§112
9.3%
-30.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 34 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 . Status of the Claims The office action is in response to the claim amendments and remarks filed on August 14, 2026 for the application filed June 30, 2024. Claims 1, 10, 17, and 23 have been amended. Claims 4 and 14 have been newly cancelled. Claims 1-3, 5-13, 15, 17-19, 23-24 are currently pending. 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 nonobviousness. Claims 1-3, 5, 7, 17, 18, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US2023/0413099A1), in view of Hwang (US2024/0205869A1). Regarding claim 1, Zhao teaches a method for determining a measurement gap, comprising: obtaining, by a terminal, pre-configured measurement gap information, wherein the measurement gap information comprises N measurement gap combinations, and N is an integer greater than or equal to 1 (Paragraph [0151]: FIG. 7 is a flow chart of a method in which a terminal device notifies a base station of information of a first measurement gap. Paragraph [0152]: At S702, the base station transmits candidate measurement gaps to the terminal device. Paragraph [0096]: For another example, the base station may select a plurality of measurement gaps (or candidate measurement gaps) from the measurement gap configuration table and transmit the candidate measurement gaps to the terminal device.) and requesting, by the terminal, activating at least one measurement gap combination in the measurement gap information through a medium access layer control unit (MAC CE) or control information (Paragraph [0101]: The terminal device can select the first measurement gap from the candidate measurement gaps according to positioning measurement information of each of the at least one PRS to be measured, that is, the first measurement gap is one of the candidate measurement gaps. Paragraph [0089]: The information of the first measurement gap may be transmitted to the base station by the terminal device through physical layer signaling, such as uplink control information (UCI). That is, the terminal device may transmit the information of the first measurement gap to the base station through the physical layer signaling. Paragraph [0155]: At S708, the terminal device transmits information of the first measurement gap to the base station through UCI.) Zhao does not explicitly teach requesting, by the terminal, activating at least one measurement gap combination in the measurement gap information; the method further comprising: receiving, by the terminal, a second MAC CE or downlink control information (DCI) transmitted by a base station, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated; and activating, by the terminal, the measurement gap combination indicated by the second MAC CE or the DCI, and performing a positioning measurement by using the activated measurement gap combination. However, Hwang teaches requesting, by the terminal, activating at least one measurement gap combination in the measurement gap information (Paragraph [0249]: According to an embodiment, the UE may determine one measurement gap candidate from among measurement gap candidates, based on information about IDs respectively configured for the measurement gap candidates which is received from the BS. Paragraph [0250]: In operation 1023, the BS having received the information may configure a measurement gap, based on the measurement gap information requested by the UE, and here, the BS may select one of measurement gap IDs pre-transferred to the UE, may include the selected one in a MAC CE or a PDCCH and may transfer it. If the ID is “ID of a desired measurement gap” the UE transferred to the BS in a previous operation, this may indicate to activate configuration of a measurement gap corresponding thereto.) the method further comprising: receiving, by the terminal, a second MAC CE or downlink control information (DCI) transmitted by a base station, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated; and activating, by the terminal, the measurement gap combination indicated by the second MAC CE or the DCI, and performing a positioning measurement by using the activated measurement gap combination (Paragraph [0250], FIG. 10: In operation 1023, the BS having received the information may configure a measurement gap, based on the measurement gap information requested by the UE, and here, the BS may select one of measurement gap IDs pre-transferred to the UE, may include the selected one in a MAC CE or a PDCCH and may transfer it. If the ID is “ID of a desired measurement gap” the UE transferred to the BS in a previous operation, this may indicate to activate configuration of a measurement gap corresponding thereto. Paragraph [0251]: In operation 1025, the UE may perform PRS measurement by using the measurement gap.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide requesting, by the terminal, activating at least one measurement gap combination in the measurement gap information; the method further comprising: receiving, by the terminal, a second MAC CE or downlink control information (DCI) transmitted by a base station, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated; and activating, by the terminal, the measurement gap combination indicated by the second MAC CE or the DCI, and performing a positioning measurement by using the activated measurement gap combination, as taught by Hwang in the system of Zhao, so that the UE may perform positioning measurements based on the activated measurement gap combination, and by using the measurement gap indicated by the base station (Hwang: Paragraphs [[0249] – [0251], Fig. 10). Regarding claim 2, the combination of Zhao and Hwang teaches the method according to claim 1 (see rejection for claim 1); Zhao further teaches wherein the measurement gap combination comprises at least one of: a measurement gap length (Paragraph [0094]: In some embodiments, the first measurement gap may be a measurement gap configured in the protocol, such as a measurement gap in a measurement gap configuration table shown in Table 1 below. The measurement gap configuration table shown in Table 1 includes pattern serial numbers of different measurement gaps, and length information and repetition period information of a measurement gap corresponding to each of the pattern serial numbers.) Regarding claim 3, the combination of Zhao and Hwang teaches the method according to claim 1, wherein the requesting, by the terminal, activating the at least one measurement gap combination through the MAC CE or the control information comprises: (see rejection for claim 1); Zhao further teaches transmitting, by the terminal, a first MAC CE or uplink control information (UCI) to a base station, wherein the first MAC CE or the UCI carries identification information of the at least one measurement gap combination among the N measurement gap combinations (Paragraph [0089]: The information of the first measurement gap may be transmitted to the base station by the terminal device through physical layer signaling, such as uplink control information (UCI). Paragraph [0099]: The information of the first measurement gap may include a serial number of the first measurement gap. After selecting the first measurement gap, the terminal device may send the serial number of the first measurement gap to the base station. Paragraph [0155]: At S708, the terminal device transmits information of the first measurement gap to the base station through UCI. The information of the first measurement gap includes a pattern serial number of the first measurement gap.) Regarding claim 5, the combination of Zhao and Hwang teaches the method according to claim 1, wherein the obtaining, by the terminal, the pre-configured measurement gap information comprises: (see rejection for claim 1); Zhao does not explicitly teach receiving, by the terminal, the measurement gap information transmitted by a positioning server, wherein the measurement gap information is pre-configured by a base station, and then transmitted to the positioning server; or receiving, by the terminal, the measurement gap information transmitted by a base station after the base station receives a first downlink PRS resource transmitted by a positioning server, wherein the first downlink PRS resource is a downlink PRS resource allocated by the positioning server to the terminal. However, Hwang teaches receiving, by the terminal, the measurement gap information transmitted by a base station after the base station receives a first downlink PRS resource transmitted by a positioning server, wherein the first downlink PRS resource is a downlink PRS resource allocated by the positioning server to the terminal (Paragraph [0172], FIG. 8: In operation 807, in addition to the transfer of the LPP Provide Assistance Data message, the LMF may include, in the NRPPa message, a plurality of pieces of PRS configuration information included/used in a LPP ProvideAssistanceData message, and may transfer the message to the BS. The plurality of pieces of information may include all or some of a plurality of pieces of information below. (see Paragraphs [0173] – [0204]). Paragraph [0205]: In operation 809, the BS having received the message may configure the UE by associating IDs with a plurality of measurement gap candidates configurable for the UE, based on the given PRS configuration information. Also see Fig. 10) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide receiving, by the terminal, the measurement gap information transmitted by a base station after the base station receives a first downlink PRS resource transmitted by a positioning server, wherein the first downlink PRS resource is a downlink PRS resource allocated by the positioning server to the terminal, as taught by Hwang in the system of Zhao, so that the base station can provide the measurement gap information to the terminal after receiving the PRS configuration information based on assistance information from the LMF (Hwang: Paragraphs [0168] – [0205]). Regarding claim 7, the combination of Zhao and Hwang teaches the method according to claim 1, wherein the obtaining, by the terminal, the pre-configured measurement gap information comprises: (see rejection for claim 1); Zhao does not explicitly teach receiving, by the terminal, a radio resource control (RRC) reconfiguration message transmitted by a base station, wherein the RRC reconfiguration message carries the measurement gap information. However, Hwang teaches receiving, by the terminal, a radio resource control (RRC) reconfiguration message transmitted by a base station, wherein the RRC reconfiguration message carries the measurement gap information (Paragraph [0205], FIG. 8: In operation 809, the BS having received the message may configure the UE by associating IDs with a plurality of measurement gap candidates configurable for the UE, based on the given PRS configuration information. In operation 811, when information about the IDs respectively configured for the measurement gap candidates is transferred to the UE via an RRC Reconfiguration message, the UE may store the information. Paragraph [0246]: Provided is the diagram illustrating a case where an LMF includes PRS configuration information based on assistance information in an NRPPa message and transfers the message, and a BS transfers preset measurement gap information by RRC.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide receiving, by the terminal, a radio resource control (RRC) reconfiguration message transmitted by a base station, wherein the RRC reconfiguration message carries the measurement gap information, as taught by Hwang in the system of Zhao, so that the terminal can receive the measurement gap configuration list along with the IDs (Hwang: Paragraphs [0205], [0246]). Regarding claim 17, Zhao teaches a terminal, comprising a memory, a transceiver and a processor, wherein the memory is configured to store a computer program, the transceiver is configured to transmit and receive data under the control of the processor, the processor is configured to read the computer program in the memory and perform the following operations: (Paragraph [0210]: The device 1100 may be a chip, a terminal device, a base station, or an LMF. Paragraph [0212]: The device 1100 may also include one or more memories 1120. The memory 1120 stores a program that can be executed by the processor 1110, such that the processor 1110 performs the methods described previously in the method embodiments. Paragraph [0213]: The device 1100 may also include a transceiver 1130. The processor 1110 may communicate with other devices or chips through the transceiver 1130.) obtaining pre-configured measurement gap information, wherein the measurement gap information comprises N measurement gap combinations, and N is an integer greater than or equal to 1; requesting activating at least one measurement gap combination in the measurement gap information through a medium access layer control unit (MAC CE) or control information (see rejection for claim 1); Zhao does not explicitly teach requesting activating at least one measurement gap combination in the measurement gap information; receiving, by the terminal, a second MAC CE or downlink control information (DCI) transmitted by a base station, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated; and activating, by the terminal, the measurement gap combination indicated by the second MAC CE or the DCI, and performing a positioning measurement by using the activated measurement gap combination. However, Hwang teaches requesting activating at least one measurement gap combination in the measurement gap information; receiving, by the terminal, a second MAC CE or downlink control information (DCI) transmitted by a base station, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated; and activating, by the terminal, the measurement gap combination indicated by the second MAC CE or the DCI, and performing a positioning measurement by using the activated measurement gap combination (see rejection for claim 1); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide requesting activating at least one measurement gap combination in the measurement gap information; receiving, by the terminal, a second MAC CE or downlink control information (DCI) transmitted by a base station, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated; and activating, by the terminal, the measurement gap combination indicated by the second MAC CE or the DCI, and performing a positioning measurement by using the activated measurement gap combination, as taught by Hwang in the system of Zhao, so that the UE may perform positioning measurements based on the activated measurement gap combination, and by using the measurement gap indicated by the base station (Hwang: Paragraphs [[0249] – [0251], Fig. 10). Regarding claim 18, the combination of Zhao and Hwang teaches the terminal according to claim 17 (see rejection for claim 17); Zhao further teaches wherein the measurement gap combination comprises at least one of: a measurement gap length (see rejection for claim 2). Regarding claim 19, the combination of Zhao and Hwang teaches the terminal according to claim 17, wherein the processor is further configured to read the computer program in the memory and perform the following operations: (see rejection for claim 17); Zhao does not explicitly teach receiving the measurement gap information transmitted by a positioning server, wherein the measurement gap information is pre-configured by a base station, and then transmitted to the positioning server; or receiving the measurement gap information transmitted by a base station after the base station receives a first downlink PRS resource transmitted by a positioning server, wherein the first downlink PRS resource is a downlink PRS resource allocated by the positioning server to the terminal. However, Hwang teaches receiving the measurement gap information transmitted by a base station after the base station receives a first downlink PRS resource transmitted by a positioning server, wherein the first downlink PRS resource is a downlink PRS resource allocated by the positioning server to the terminal (see rejection for claim 5); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide receiving the measurement gap information transmitted by a base station after the base station receives a first downlink PRS resource transmitted by a positioning server, wherein the first downlink PRS resource is a downlink PRS resource allocated by the positioning server to the terminal, as taught by Hwang in the system of Zhao, so that the base station can provide the measurement gap information to the terminal after receiving the PRS configuration information based on assistance information from the LMF (Hwang: Paragraphs [0168] – [0205]). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US2023/0413099A1), in view of Hwang (US2024/0205869A1), and further in view of Ranta-Aho et al. (US2012/0083221A1) hereinafter Aho, and Tao (US2024/0406774A1). Regarding claim 6, the combination of Zhao and Hwang teaches the method according to claim 5, further comprising: (see rejection for claim 5); The combination of Zhao and Hwang does not explicitly teach deleting, by the terminal, the measurement gap information, after a current positioning service is completed. However, Aho teaches deleting, the measurement gap information, after a current positioning service is completed (Paragraph [0100]: At Block 9C there is a step performed, while the mobile user node performs the requested inter-frequency reference signal time difference measurements, of generating the measurement gaps according to the measurement gap configuration. At Block 9D there is a step of removing the measurement gap configuration after the mobile user node completes making the inter-frequency reference signal time difference measurements.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide deleting, the measurement gap information, after a current positioning service is completed, as taught by Aho in the combined system of Zhao and Hwang, since the terminal has completed performing the positioning service based on the measurement gap configuration (Aho: Paragraph [0100]). The combination of Zhao, Hwang, and Aho does not explicitly teach deleting, by the terminal, the measurement gap information. However, Tao teaches deleting, by the terminal, the measurement gap information (Paragraph [0036]: In step S1-1, the user equipment 101 sends auxiliary information to the network device 102. Paragraph [0040]: In some embodiments, during the process of the user equipment 101 switching from the service network to the target network may involve one of the following measurement operations: heterogeneous frequency measurement, heterogeneous system measurement, system information (SI) or paging information (paging) reception, etc. Paragraph [0041]: In an example, the auxiliary information is configured to indicate a usage of the measurement gap (Meas Gap), i.e., to perform the specific measurement operation mentioned above. Paragraph [0042]: In an example, the auxiliary information is configured to indicate at least one of the following parameters: an identification (ID) of the measurement gap (Meas Gap), configured to identify the corresponding auxiliary information, in which, for example, each auxiliary information corresponds to a Meas Gap ID: a type of the measurement gap (Meas Gap) configured to indicate whether the gap in the corresponding auxiliary information is periodic or non-periodic, in which the periodic measurement gap (Gap) may be cyclically used according to a certain period, and the non-periodic measurement gap (Gap) may be released after one use: Paragraph [0081]: In the embodiments of the present disclosure, the user equipment 101 controls whether the first measurement gap configuration information is valid by sending the activation information or the deactivation information. Paragraph [0083]: the user equipment 101 releases or discards the first measurement gap configuration information. Examiner’s note: The auxiliary information from the user equipment is used to configure a usage of the measurement gap to perform a specific measurement operation, and the type of the measurement gap indicates whether the measurement gap is to be released/discarded after one use of performing the specific measurement operation.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide deleting, by the terminal, the measurement gap information, as taught by Tao in the combined system of Zhao, Hwang, and Aho, so that the terminal can discard the non-periodic measurement gap after completing the measurement operation for the first time, and thus control whether the measurement gap configuration is valid (Tao: Paragraphs [0036], [0040], [0041], [0042], [0081], [0083]). Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US2023/0413099A1), in view of Hwang (US2024/0205869A1), and further in view of Xu et al. (US2023/0025902A1). Regarding claim 8, the combination of Zhao and Hwang teaches the method according to claim 7, further comprising: (see rejection for claim 7); The combination of Zhao and Hwang does not explicitly teach deactivating, by the terminal, a corresponding measurement gap combination after a current positioning service is completed, and saving the measurement gap information, wherein the saved measurement gap information is used for a positioning measurement of another positioning service. However, Xu teaches deactivating, by the terminal, a corresponding measurement gap combination after a current positioning service is completed (Paragraph [0104]: In one embodiment, the UE may transmit a deactivation signal for the measurement gaps to the base station when the active BWP contains the target PRS. The UE may then mute the measurement gaps for the positioning measurements when the positioning measurements are deactivated.) and saving the measurement gap information, wherein the saved measurement gap information is used for a positioning measurement of another positioning service (Paragraph [0084]: At time instant 1007, if the serving gNB changes the active BWP of UE and the new active BWP contains the target PRS, then the UE may deactivate the measurement gaps at time instant 1009 and the following measurement gaps 1011 will be muted for the UE to receive the target PRS to perform positioning measurement until the UE activates the measurement gaps again. At time instant 1013, the serving gNB changes the active BWP of the UE and the new active BWP does not contain the target PRS again, the UE may activate the measurement gaps at time instant 1015 and the following measurement gaps will be available again for the UE to receive the target PRS to perform positioning measurement until the UE deactivates the measurement gaps.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide deactivating, by the terminal, a corresponding measurement gap combination after a current positioning service is completed, and saving the measurement gap information, wherein the saved measurement gap information is used for a positioning measurement of another positioning service, as taught by Xu in the combined system of Zhao and Hwang, so that the measurement gaps can be used again by the terminal to perform positioning measurements at a later time (Xu: Paragraphs [0084], [0104]). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US2023/0413099A1), in view of Hwang (US2024/0205869A1), and further in view of Xu et al. (US2023/0025902A1) and Abraham et al. (US2025/0063414A1). Regarding claim 9, the combination of Zhao, Hwang, and Xu teaches the method according to claim 8, wherein the deactivating, by the terminal, the corresponding measurement gap combination comprises: (see rejection for claim 8); The combination of Zhao, Hwang, and Xu does not explicitly teach transmitting, by the terminal, deactivation request information to the base station, wherein the deactivation request information carries identification information of a measurement gap combination for which deactivation is requested; receiving, by the terminal, deactivation indication information transmitted by the base station, wherein the deactivation indication information carries identification information of a measurement gap combination to be deactivated by the terminal; and deactivating, by the terminal, the measurement gap combination indicated by the deactivation indication information according to the deactivation indication information. However, Abraham teaches transmitting, by the terminal, deactivation request information to the base station, wherein the deactivation request information carries identification information of a measurement gap combination for which deactivation is requested (Paragraph [0159]: FIG. 7 illustrates an example scenario of the UE (100) requested gap deactivation through the MAC-CE, according to the embodiments as disclosed herein. At 701, the gaps is configured and activated at the UE (100). At 702, the gaps is configured and activated at the network apparatus (200). At 703, the UE (100) sends the MAC CE: GAP DEACTIVATION command with the header including logical channel identifier and eight bits of information to identify the gap to be deactivated to the network apparatus (200).) receiving, by the terminal, deactivation indication information transmitted by the base station, wherein the deactivation indication information carries identification information of a measurement gap combination to be deactivated by the terminal (Paragraph [0159]: At 705, the network apparatus (200) sends the MAC CE: GAP DEACTIVATION CONFIRMATION with the header including the logical channel identifier and eight bits of information to identify the gap to be deactivated to the UE (100).) and deactivating, by the terminal, the measurement gap combination indicated by the deactivation indication information according to the deactivation indication information (Paragraph [0159]: At 706, the gaps is deactivated at the UE (100).) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide transmitting, by the terminal, deactivation request information to the base station, wherein the deactivation request information carries identification information of a measurement gap combination for which deactivation is requested; receiving, by the terminal, deactivation indication information transmitted by the base station, wherein the deactivation indication information carries identification information of a measurement gap combination to be deactivated by the terminal; and deactivating, by the terminal, the measurement gap combination indicated by the deactivation indication information according to the deactivation indication information, as taught by Abraham in the combined system of Zhao, Hwang, and Xu, so that the terminal can manage measurement gap in a wireless network (Abraham: Paragraphs [0011] – [0014], [0159]). Claims 10, 11, 12, 13, 23, 24 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US2023/0413099A1), in view of Xu et al. (US2023/0025902A1), and Hwang (US2024/0205869A1). Regarding claim 10, Zhao teaches a method for configuring a measurement gap, comprising: pre-configuring, by a base station, measurement gap information for a terminal, wherein the measurement gap information comprises N measurement gap combinations, and N is an integer greater than or equal to 1; activating, at least one measurement gap combination in the measurement gap information through a medium access layer control unit (MAC CE) or control information (see rejection for claim 1); wherein the activating, by the base station, the at least one measurement gap combination in the measurement gap information through the MAC CE or the control information comprises: receiving, by the base station, a first MAC CE or uplink control information (UCI) transmitted by the terminal, wherein the first MAC CE or the UCI carries identification information of the at least one measurement gap combination among the N measurement gap combinations (Paragraph [0089]: The information of the first measurement gap may be transmitted to the base station by the terminal device through physical layer signaling, such as uplink control information (UCI). Paragraph [0099]: The information of the first measurement gap may include a serial number of the first measurement gap. After selecting the first measurement gap, the terminal device may send the serial number of the first measurement gap to the base station. Paragraph [0155]: At S708, the terminal device transmits information of the first measurement gap to the base station through UCI. The information of the first measurement gap includes a pattern serial number of the first measurement gap.) Zhao does not explicitly teach activating, by the base station, at least one measurement gap combination in the measurement gap information through a medium access layer control unit (MAC CE) or control information, wherein the activated measurement gap combination is used for a positioning measurement for the terminal. However, Xu teaches activating, by the base station, at least one measurement gap combination in the measurement gap information through a medium access layer control unit (MAC CE) or control information, wherein the activated measurement gap combination is used for a positioning measurement for the terminal (Paragraph [0005]: The method also includes the UE receiving from the serving base station configuration information used to configure measurement gaps for the positioning measurements. The method further includes the UE receiving from the serving base station an activation signal for the measurement gaps. In response to the activation signal, the UE receives the PRS to perform the positioning measurements during the dedicated measurement gaps. Paragraph [0027]: The serving gNB may indicate the activation or deactivation of the measurement gaps to the UE using PHY signaling or MAC CE signaling. Paragraph [0085]: The serving gNB may activate or deactivate the measurement gaps for the UE. Paragraph [0096]: FIG. 13 is a flow diagram illustrating an example of a method 1300 for a UE to provide PRS information to the serving base station and for the UE to be configured and activated by the serving base station to use measurement gaps for positioning measurements in accordance with some embodiments of the disclosure.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide activating, by the base station, at least one measurement gap combination in the measurement gap information through a medium access layer control unit (MAC CE) or control information, wherein the activated measurement gap combination is used for a positioning measurement for the terminal, as taught by Xu in the system of Zhao, so that the base station can configure the measurement gaps for the terminal to perform positioning measurements, and the terminal and base station can coordinate the activation of measurement gaps for performing positioning measurements (Xu: Paragraphs [0002], [0005], [0023], [0027], [0085], [0096]). The combination of Zhao and Xu does not explicitly teach transmitting, by the base station, a second MAC CE or downlink control information (DCI) to the terminal, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated. However, Hwang teaches transmitting, by the base station, a second MAC CE or downlink control information (DCI) to the terminal, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated (Paragraph [0250], FIG. 10: In operation 1023, the BS having received the information may configure a measurement gap, based on the measurement gap information requested by the UE, and here, the BS may select one of measurement gap IDs pre-transferred to the UE, may include the selected one in a MAC CE or a PDCCH and may transfer it. If the ID is “ID of a desired measurement gap” the UE transferred to the BS in a previous operation, this may indicate to activate configuration of a measurement gap corresponding thereto.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide transmitting, by the base station, a second MAC CE or downlink control information (DCI) to the terminal, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated, as taught by Hwang in the combined system of Zhao and Xu, so that the terminal can perform the positioning measurement by using the measurement gap indicated by the base station (Hwang: Paragraphs [0250], [0251], Fig. 10). Regarding claim 11, the combination of Zhao, Xu, and Hwang teaches the method according to claim 10, wherein the pre-configuring, by the base station, the measurement gap information for the terminal comprises: (see rejection for claim 10); Zhao does not explicitly teach pre-configuring, by the base station, the measurement gap information for the terminal, in a case where the base station receives a downlink PRS resource of a neighboring cell around the base station from a positioning server; or pre-configuring, by the base station, the measurement gap information for the terminal, in a case where the base station receives a downlink PRS resource configured by a positioning server for the terminal from the positioning server. However, Xu teaches pre-configuring, by the base station, the measurement gap information for the terminal (Paragraph [0005]: The method also includes the UE receiving from the serving base station configuration information used to configure measurement gaps for the positioning measurements. The method further includes the UE receiving from the serving base station an activation signal for the measurement gaps. Paragraph [0096]: FIG. 13 is a flow diagram illustrating an example of a method 1300 for a UE to provide PRS information to the serving base station and for the UE to be configured and activated by the serving base station to use measurement gaps for positioning measurements in accordance with some embodiments of the disclosure.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide pre-configuring, by the base station, the measurement gap information for the terminal, as taught by Xu in the system of Zhao, so that the base station can configure the measurement gaps for the terminal to perform positioning measurements, and the terminal and base station can coordinate the activation of measurement gaps for performing positioning measurements (Xu: Paragraphs [0002], [0005], [0023], [0096]). The combination of Zhao and Xu does not explicitly teach pre-configuring, by the base station, the measurement gap information for the terminal, in a case where the base station receives a downlink PRS resource configured by a positioning server for the terminal from the positioning server. However, Hwang teaches pre-configuring, by the base station, the measurement gap information for the terminal, in a case where the base station receives a downlink PRS resource configured by a positioning server for the terminal from the positioning server (Paragraph [0172], FIG. 8: In operation 807, in addition to the transfer of the LPP Provide Assistance Data message, the LMF may include, in the NRPPa message, a plurality of pieces of PRS configuration information included/used in a LPP ProvideAssistanceData message, and may transfer the message to the BS. The plurality of pieces of information may include all or some of a plurality of pieces of information below. (see Paragraphs [0173] – [0204]). Paragraph [0205]: In operation 809, the BS having received the message may configure the UE by associating IDs with a plurality of measurement gap candidates configurable for the UE, based on the given PRS configuration information. Also see Fig. 10) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide pre-configuring, by the base station, the measurement gap information for the terminal, in a case where the base station receives a downlink PRS resource configured by a positioning server for the terminal from the positioning server, as taught by Hwang in the combined system of Zhao and Xu, so that the base station can provide the measurement gap information to the terminal after receiving the PRS configuration information based on assistance information from the LMF (Hwang: Paragraphs [0168] – [0205]). Regarding claim 12, the combination of Zhao, Xu, and Hwang teaches the method according to claim 10 (see rejection for claim 10); Zhao further teaches wherein the measurement gap combination comprises at least one of: a measurement gap length (see rejection for claim 2). Regarding claim 13, the combination of Zhao, Xu, and Hwang teaches the method according to claim 10, wherein the pre-configuring, by the base station, the measurement gap information for the terminal comprises: (see rejection for claim 10); The combination of Zhao and Xu does not explicitly teach transmitting, by the base station, the measurement gap information to a positioning server, to enable the positioning server to transmit the measurement gap information to the terminal; or transmitting, by the base station, the measurement gap information to the terminal, after a first downlink PRS resource is received from a positioning server, wherein the first downlink PRS resource is a downlink PRS resource allocated by the positioning server for the terminal; or transmitting, by the base station, a radio resource control (RRC) reconfiguration message to the terminal, wherein the RRC reconfiguration message carries the measurement gap information. However, Hwang teaches transmitting, by the base station, the measurement gap information to the terminal, after a first downlink PRS resource is received from a positioning server, wherein the first downlink PRS resource is a downlink PRS resource allocated by the positioning server for the terminal (Paragraph [0172], FIG. 8: In operation 807, in addition to the transfer of the LPP Provide Assistance Data message, the LMF may include, in the NRPPa message, a plurality of pieces of PRS configuration information included/used in a LPP ProvideAssistanceData message, and may transfer the message to the BS. The plurality of pieces of information may include all or some of a plurality of pieces of information below. (see Paragraphs [0173] – [0204]). Paragraph [0205]: In operation 809, the BS having received the message may configure the UE by associating IDs with a plurality of measurement gap candidates configurable for the UE, based on the given PRS configuration information. Also see Fig. 10) transmitting, by the base station, a radio resource control (RRC) reconfiguration message to the terminal, wherein the RRC reconfiguration message carries the measurement gap information (Paragraph [0205], FIG. 8: In operation 809, the BS having received the message may configure the UE by associating IDs with a plurality of measurement gap candidates configurable for the UE, based on the given PRS configuration information. In operation 811, when information about the IDs respectively configured for the measurement gap candidates is transferred to the UE via an RRC Reconfiguration message, the UE may store the information. Paragraph [0246]: Provided is the diagram illustrating a case where an LMF includes PRS configuration information based on assistance information in an NRPPa message and transfers the message, and a BS transfers preset measurement gap information by RRC.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide transmitting, by the base station, the measurement gap information to the terminal, after a first downlink PRS resource is received from a positioning server, wherein the first downlink PRS resource is a downlink PRS resource allocated by the positioning server for the terminal; receiving, by the terminal, a radio resource control (RRC) reconfiguration message transmitted by a base station, wherein the RRC reconfiguration message carries the measurement gap information, as taught by Hwang in the combined system of Zhao and Xu, so that the base station can provide the measurement gap information to the terminal after receiving the PRS configuration information based on assistance information from the LMF, and the terminal can receive the measurement gap configuration list via the RRC reconfiguration message (Hwang: Paragraphs [0168] – [0205], [0246]). Regarding claim 23, Zhao teaches a base station, comprising a memory, a transceiver and a processor, wherein the memory is configured to store a computer program; the transceiver is configured to transmit and receive data under the control of the processor; the processor is configured to read the computer program in the memory and perform the following operations: (Paragraph [0210]: The device 1100 may be a chip, a terminal device, a base station, or an LMF. Paragraph [0212]: The device 1100 may also include one or more memories 1120. The memory 1120 stores a program that can be executed by the processor 1110, such that the processor 1110 performs the methods described previously in the method embodiments. Paragraph [0213]: The device 1100 may also include a transceiver 1130. The processor 1110 may communicate with other devices or chips through the transceiver 1130.) pre-configuring measurement gap information for a terminal, wherein the measurement gap information comprises N measurement gap combinations, and N is an integer greater than or equal to 1; and activating at least one measurement gap combination in the measurement gap information through a medium access layer control unit (MAC CE) or control information (see rejection for claim 1); wherein the activating the at least one measurement gap combination in the measurement gap information through the MAC CE or the control information comprises: receiving, by the base station, a first MAC CE or uplink control information (UCI) transmitted by the terminal, wherein the first MAC CE or the UCI carries identification information of the at least one measurement gap combination among the N measurement gap combinations (Paragraph [0089]: The information of the first measurement gap may be transmitted to the base station by the terminal device through physical layer signaling, such as uplink control information (UCI). Paragraph [0099]: The information of the first measurement gap may include a serial number of the first measurement gap. After selecting the first measurement gap, the terminal device may send the serial number of the first measurement gap to the base station. Paragraph [0155]: At S708, the terminal device transmits information of the first measurement gap to the base station through UCI. The information of the first measurement gap includes a pattern serial number of the first measurement gap.) Zhao does not explicitly teach activating at least one measurement gap combination in the measurement gap information through a medium access layer control unit (MAC CE) or control information wherein the activated measurement gap combination is used for a positioning measurement for the terminal. However, Xu teaches activating at least one measurement gap combination in the measurement gap information through a medium access layer control unit (MAC CE) or control information wherein the activated measurement gap combination is used for a positioning measurement for the terminal (Paragraph [0005]: The method also includes the UE receiving from the serving base station configuration information used to configure measurement gaps for the positioning measurements. The method further includes the UE receiving from the serving base station an activation signal for the measurement gaps. In response to the activation signal, the UE receives the PRS to perform the positioning measurements during the dedicated measurement gaps. Paragraph [0027]: The serving gNB may indicate the activation or deactivation of the measurement gaps to the UE using PHY signaling or MAC CE signaling. Paragraph [0085]: The serving gNB may activate or deactivate the measurement gaps for the UE. Paragraph [0096]: FIG. 13 is a flow diagram illustrating an example of a method 1300 for a UE to provide PRS information to the serving base station and for the UE to be configured and activated by the serving base station to use measurement gaps for positioning measurements in accordance with some embodiments of the disclosure.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide activating at least one measurement gap combination in the measurement gap information through a medium access layer control unit (MAC CE) or control information wherein the activated measurement gap combination is used for a positioning measurement for the terminal, as taught by Xu in the system of Zhao, so that the base station can configure the measurement gaps for the terminal to perform positioning measurements, and the terminal and base station can coordinate the activation of measurement gaps for performing positioning measurements (Xu: Paragraphs [0002], [0005], [0023], [0027], [0085], [0096]). The combination of Zhao and Xu does not explicitly teach transmitting, by the base station, a second MAC CE or downlink control information (DCI) to the terminal, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated. However, Hwang teaches transmitting, by the base station, a second MAC CE or downlink control information (DCI) to the terminal, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated (Paragraph [0250], FIG. 10: In operation 1023, the BS having received the information may configure a measurement gap, based on the measurement gap information requested by the UE, and here, the BS may select one of measurement gap IDs pre-transferred to the UE, may include the selected one in a MAC CE or a PDCCH and may transfer it. If the ID is “ID of a desired measurement gap” the UE transferred to the BS in a previous operation, this may indicate to activate configuration of a measurement gap corresponding thereto.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide transmitting, by the base station, a second MAC CE or downlink control information (DCI) to the terminal, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated, as taught by Hwang in the combined system of Zhao and Xu, so that the terminal can perform the positioning measurement by using the measurement gap indicated by the base station (Hwang: Paragraphs [0250], [0251], Fig. 10). Regarding claim 24, the combination of Zhao, Xu, and Hwang teaches the base station according to claim 23, wherein the processor is further configured to read the computer program in the memory and perform the following operations: (see rejection for claim 23); Zhao does not explicitly teach pre-configuring the measurement gap information for the terminal, in a case where the base station receives a downlink PRS resource of a neighboring cell around the base station from a positioning server; or pre-configuring the measurement gap information for the terminal, in a case where the base station receives a downlink PRS resource configured by a positioning server for the terminal from the positioning server. However, Xu teaches pre-configuring, the measurement gap information for the terminal (see rejection for claim 11); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide pre-configuring, the measurement gap information for the terminal, as taught by Xu in the system of Zhao, so that the base station can configure the measurement gaps for the terminal to perform positioning measurements, and the terminal and base station can coordinate the activation of measurement gaps for performing positioning measurements (Xu: Paragraphs [0002], [0005], [0023], [0096]). The combination of Zhao and Xu does not explicitly teach pre-configuring the measurement gap information for the terminal, in a case where the base station receives a downlink PRS resource configured by a positioning server for the terminal from the positioning server. However, Hwang teaches pre-configuring the measurement gap information for the terminal, in a case where the base station receives a downlink PRS resource configured by a positioning server for the terminal from the positioning server (see rejection for claim 11); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide pre-configuring the measurement gap information for the terminal, in a case where the base station receives a downlink PRS resource configured by a positioning server for the terminal from the positioning server, as taught by Hwang in the combined system of Zhao and Xu, so that the base station can provide the measurement gap information to the terminal after receiving the PRS configuration information based on assistance information from the LMF (Hwang: Paragraphs [0168] – [0205]). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US2023/0413099A1), in view of Xu et al. (US2023/0025902A1) and Hwang (US2024/0205869A1), and further in view of Abraham et al. (US2025/0063414A1). Regarding claim 15, the combination of Zhao, Xu, and Hwang teaches the method according to claim 13, wherein, in a case where the measurement gap information is carried by the RRC reconfiguration message, the method further comprises: (see rejection for claim 13); The combination of Zhao, Xu, and Hwang does not explicitly teach receiving, by the base station, a deactivation request information transmitted by the terminal, wherein the deactivation request information carries identification information of a measurement gap combination for which deactivation is requested; and transmitting, by the base station, deactivation indication information to the terminal according to the deactivation request information, wherein the deactivation indication information carries identification information of a measurement gap combination to be deactivated by the terminal. However, Abraham teaches receiving, by the base station, a deactivation request information transmitted by the terminal, wherein the deactivation request information carries identification information of a measurement gap combination for which deactivation is requested (Paragraph [0159]: FIG. 7 illustrates an example scenario of the UE (100) requested gap deactivation through the MAC-CE, according to the embodiments as disclosed herein. At 701, the gaps is configured and activated at the UE (100). At 702, the gaps is configured and activated at the network apparatus (200). At 703, the UE (100) sends the MAC CE: GAP DEACTIVATION command with the header including logical channel identifier and eight bits of information to identify the gap to be deactivated to the network apparatus (200).) and transmitting, by the base station, deactivation indication information to the terminal according to the deactivation request information, wherein the deactivation indication information carries identification information of a measurement gap combination to be deactivated by the terminal (Paragraph [0159]: At 705, the network apparatus (200) sends the MAC CE: GAP DEACTIVATION CONFIRMATION with the header including the logical channel identifier and eight bits of information to identify the gap to be deactivated to the UE (100). Paragraph [0159]: At 706, the gaps is deactivated at the UE (100)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide receiving, by the base station, a deactivation request information transmitted by the terminal, wherein the deactivation request information carries identification information of a measurement gap combination for which deactivation is requested; and transmitting, by the base station, deactivation indication information to the terminal according to the deactivation request information, wherein the deactivation indication information carries identification information of a measurement gap combination to be deactivated by the terminal, as taught by Abraham in the combined system of Zhao, Hwang, and Xu, so that the terminal can manage measurement gap in a wireless network (Abraham: Paragraphs [0011] – [0014], [0159]). Response to Arguments Applicant's arguments filed August 14, 2026 with respect to claims 1-5, 7, 17-19 being rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US2023/0413099A1); claim 6 being rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US2023/0413099A1), in view of Hwang (US2024/0205869A1), and further in view of Ranta-Aho et al. (US2012/0083221A1) hereinafter Aho, and Tao (US2024/0406774A); claim 8 being rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US2023/0413099A), in view of Hwang (US2024/0205869A1), and further in view of Xu et al. (US2023/0025902A); claim 9 being rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US2023/0413099A), in view of Hwang (US2024/0205869A), and further in view of Xu et al. (US2023/0025902A1) and Abraham et al. (US2025/0063414A1); claims 10, 12, 23 being rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US2023/0413099A1), in view of Xu et al. (US2023/0025902A); claims 11, 13, 14, 24 being rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al.(US2023/0413099A), in view of Xu et al. (US2023/0025902A1), and further in view of Hwang (US2024/0205869A), have been fully considered but they are not persuasive. Applicant submits that Hwang cannot be properly combined with Zhao to teach “requesting, by the terminal, activating at least one measurement gap combination in the measurement gap information,” as recited in independent claim 1. However, Zhao teaches that in some embodiments, the terminal selects a measurement gap from the candidate measurement gaps that it receives from the base station, and transmits that information of the selected measurement gap from the candidate measurement gaps to the base station through uplink control information (UCI). The selected measurement gap is an indication to the base station that it is the selected measurement gap from the candidate measurement gaps. Hwang further teaches that the UE determines one measurement gap candidate from among measurement gap candidates received from the base station, and based on whether the ID of the measurement gap is the one that the UE selected from the candidate measurement gaps and transferred to the base station, it indicates activation of the measurement gap. While Zhao teaches that the terminal selects a measurement gap from the candidate measurement gaps that it receives from the base station, and transmits that information of the selected measurement gap from the candidate measurement gaps to the base station through UCI, Hwang teaches that based on the ID of the measurement gap being the one that the UE selected from the candidate measurement gaps and transferred to the base station, it is an indication to the base station for a request for an activation of the selected measurement gap. Applicant further submits, that Hwang does not teach “receiving, by the terminal, a second MAC CE or downlink control information (DCI) transmitted by a base station, wherein the second MAC CE or the DCI is used to indicate a measurement gap combination to be activated; and activating, by the terminal, the measurement gap combination indicated by the second MAC CE or the DCI, and performing a positioning measurement by using the activated measurement gap combination”. However, Hwang teaches that the base station having received the information about the determined candidate measurement gap from the UE, will then transmit the ID corresponding to the determined measurement gap in a MAC CE or PDCCH, which indicates to the UE to activate and use the measurement gap corresponding to the measurement gap ID received from the base station. The UE then performs the measurement using the measurement gap. Thus, the combination of Zhao and Hwang teaches amended independent claims 1 and 17, and the combination of Zhao, Xu, and Hwang teaches amended independent claims 10 and 23. Conclusion THIS ACTION IS MADE FINAL. 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 LATHA CHAKRAVARTHY whose telephone number is (703)756-1172. The examiner can normally be reached M-Th 8:30 AM - 5 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, Huy Vu can be reached at 571-272-3155. 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. /L.C./Examiner, Art Unit 2461 /HUY D VU/Supervisory Patent Examiner, Art Unit 2461
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Prosecution Timeline

Jun 30, 2024
Application Filed
May 14, 2026
Non-Final Rejection mailed — §103
Aug 14, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §103 (current)

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