Prosecution Insights
Last updated: July 17, 2026
Application No. 18/727,906

MEASUREMENT GAPS FOR RACH UNDER MULTI-SIM OPERATION

Non-Final OA §103
Filed
Jul 10, 2024
Priority
Jan 10, 2022 — CN PCT/CN2022/071140 +1 more
Examiner
WONG, XAVIER S
Art Unit
Tech Center
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
887 granted / 1010 resolved
+27.8% vs TC avg
Moderate +10% lift
Without
With
+10.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
30 currently pending
Career history
1037
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
82.8%
+42.8% vs TC avg
§102
9.3%
-30.7% vs TC avg
§112
1.4%
-38.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1010 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 10th July 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. ---------- ---------- ---------- Claim Objections Claim 15 is objected to because of the following informalities: Insert -- to -- after “related” as in “one or more rules or criteria related to” at the beginning of the claim. Appropriate correction is required. ========== ========== ========== 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 3 – 6, 10 – 17, 20, 22, 24, 25 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (US 2023/0047213 A1) in view of Nagaraja et al (US 2019/0021017 A1). Claim 20 (similarly Claim 3). Chen shows a User Equipment (UE) (figs. 3 and 4: UE) comprising: one or more transmitters (fig. 4: transceiver_transmitter); one or more receivers (fig. 4: transceiver_receiver); and processing circuitry associated with the one or more transmitters and the one or more receivers (fig. 4: processor), the processing circuitry configured to cause the UE to: determine, for a first cell of a first network, a first associated with the second network) or is expected to use to perform a random access procedure in at least one second cell of a second network (fig. 2 and [0126]: the UE transmits, to the first network, paging related information associated with the second network wherein the paging related information may include paging configuration(s), related paging parameters, or other related information (e.g. a required measurement gap or a required scheduling gap) associated with the second network; [0128]: the UE initiates an RA procedure in the second network upon determining that the response message indicates that the first network accepts the network switch request message – the UE intends to perform an RA procedure on the second network); and transmit information about the first see above; [0126]: the first network may have information about the resource in which the UE monitors paging from the second network).Chen does not explicitly describe the first measurement gap being “a set of measurement gaps.”Nagaraja teaches first (and second) sets of measurement gaps configurations (fig. 8 and [0076]: each of the measurement gaps in the first set of measurement gaps 802 has a duration “d1” 804 and a time period between each measurement gap is indicated by “t1” 806… each of the measurement gaps in the second set of measurement gaps 852 has a duration “d2” 844 and a time period between each measurement gap is indicated by “t2” 846).It would have been obvious to one of ordinary skill in the art to apply the “sets of measurement gaps” as taught by Nagaraja in the measurement gap determination and information transmission procedures of Chen to allow a device to communicate with a network simultaneously by tuning into different bands (dual connectivity support) and allows a device to scan and measure signals from neighboring cells or different Radio Access Technologies (RATs) without causing data transmission collisions. Claim 4. Chen, modified by Nagaraja, shows the method of claim 3 wherein the UE is served by at least two cells comprising the first cell of the first network and the at least one second cell of the second network (fig. 3: first network (A) and second network (B)), the at least two cells operate on or belong to or are configured using respective carrier frequencies ([0050]: the core network of Network A may be different from the core network of Network B), and the UE is served by the at least two cells during respective time periods that at least partially overlap ([0037]: a cell may allocate sidelink (SL) resources for supporting Proximity Service (ProSe) or Vehicle to Everything (V2X) service wherein each cell may have overlapped coverage areas with other cells). Claim 5. Chen, modified by Nagaraja, shows the method of claim 3 wherein transmitting the information about the first set of measurement gaps to the one or more network nodes comprises transmitting the information about the first set of measurement gaps to a first network node that manages or serves or controls the first cell of the first network ([0064]: a multi-SIM UE may inform a network (or the corresponding base station) related paging configuration(s), related paging parameters, or other paging related information (e.g. a required measurement gap, a required scheduling gap, or gap pattern(s)) associated with another network (e.g. via an RRC message or a network switch request message)). Claim 6. Chen, modified by Nagaraja, shows the method of claim 5 further comprising receiving one or more messages from the first network node in response to transmitting the information about the first set of measurement gaps to the first network node ([0127]: the UE may receive, from the first network, information indicating a period for the UE to monitor paging from the second network (e.g. a measurement gap)). Claim 10. Chen, modified by Nagaraja, shows the method of claim 3 wherein determining the first set of measurement gaps that the UE may use or is expected to use to perform the RA procedure in at least one second cell of the second network comprises determining the first set of measurement gaps based on one or more rules or criteria ([0128]: the first network may transmit a response message in in response to the network switch request message… the UE initiates an RA procedure in the second network upon determining that the response message indicates that the first network accepts the network switch request message). Claim 11. Chen, modified by Nagaraja, shows the method of claim 3 wherein determining the first set of measurement gaps that the UE may use or is expected to use to perform the RA procedure in at least one second cell of the second network comprises selecting the first set of measurement gaps from among two or more predefined, configured, or autonomously determined sets of measurement gaps, based on one or more rules or criteria ([0064]: a required measurement gap, a required scheduling gap, or gap pattern(s) – predefined or configured). Claim 12. Chen, modified by Nagaraja, shows the method of claim 11 wherein the two or more predefined, configured, or autonomously determined sets of measurement gaps have different numbers of measurement gaps ([0082]: a UE may request measurement gaps with a pattern, where the UE may desire first measurement gaps of duration d1 occurring every t1 seconds for a time period T1 (thereby defining a number of repetitions of the first measurement gaps within time period T1) and second measurement gaps of duration d2 occurring every t2 seconds for a time period T2… based on the requested pattern indicated in the received UE information, the base station may configure the one or more parameters (e.g. duration, periodicity, number of repetitions etc.) of the measurement gaps for the UE). Claim 13. Chen, modified by Nagaraja, shows the method of claim 12 wherein the two or more predefined, configured, or autonomously determined sets of measurement gaps are different in terms of a measurement gap length of at least one measurement gap in each of the two or more predefined, configured, or autonomously determined sets of measurement gaps ([0082]: the UE information may indicate a UE requested pattern of measurement gaps, e.g. defining one or more desired sets of measurement gaps that repeat/occur for a desired length of time). Claim 14. Chen, modified by Nagaraja, shows the method of claim 10 wherein one or more rules or criteria comprise one or more rules or criteria related to timing one or more RA messages within the RA procedure ([0060]: Network A can indicate to the UE scheduling gap information related to Network B (e.g. a measurement gap, a period to perform UL transmissions to Network B, a period to monitor paging from Network B, an adjusted paging occasion, a timing offset to the paging occasion) during the first RRC reconfiguration process after the RA procedure is completed). Claim 15. Chen, modified by Nagaraja, shows the method of claim 10 wherein one or more rules or criteria comprise one or more rules or criteria related to a total duration of the RA procedure (n/a), a type of the RA procedure ([0060]: 2-step/4-step RA procedures), maximum number of gaps (n/a), timing relation between RA messages within the RA procedure as compared to measurement gap length (n/a), or any combination thereof (n/a). Claim 16. Chen, modified by Nagaraja, shows the method of claim 3 further comprising transmitting, to a second network node that controls or manages or serves a second cell of the second network, a request to reconfigure one or more RA related parameters ([0060]: a multi-SIM UE may inform a network (or the corresponding base station) about its status of the multi-SIM operation via a network request… the multi-SIM UE may inform the network (or the corresponding base station) of its (current) status of the multi-SIM operation via MSG3 in a 4-step RA procedure (or via MSGA in a 2-step RA procedure)… during the first RRC reconfiguration process after the RA procedure is completed). Claim 17. Chen, modified by Nagaraja, shows the method of claim 16 wherein the request comprises one or more recommended or requested values for one or more RA related parameters that are based on either the first set of measurement gaps determined by the UE ([0082]: a UE may request measurement gaps with a pattern, where the UE may desire first measurement gaps of duration d1 occurring every t1 seconds for a time period T1 (thereby defining a number of repetitions of the first measurement gaps within time period T1) and second measurement gaps of duration d2 occurring every t2 seconds for a time period T2) or a configured set of measurement gaps configured for the UE responsive to transmitting the information about the first set of measurement gaps to the first network node that manages or serves or controls the first cell of the first network ([0082]: based on the requested pattern indicated in the received UE information, the base station may configure the one or more parameters (e.g. duration, periodicity, number of repetitions etc.) of the measurement gaps for the UE). ---------- ---------- ---------- Claim 30 (similarly Claim 22). Chen shows a first network node for managing or controlling or serving a first cell of a first network (figs. 3 and 4: first network 310), the first network node comprising processing circuitry (fig. 4: processor) configured to cause the first network node to: receive, from a User Equipment (UE), information about a first the UE transmits, to the first network, paging related information associated with the second network), the first or is expected to use to perform a random access, RA, procedure in at least one second cell of a second network ([0126]: the paging related information may include paging configuration(s), related paging parameters, or other related information (e.g. a required measurement gap or a required scheduling gap) associated with the second network); and perform one or more operational tasks based on the information about the first see above; [0126]: the first network may have information about the resource in which the UE monitors paging from the second network; [0127]: the UE may receive, from the first network, information indicating a period for the UE to monitor paging from the second network (e.g. a measurement gap)).Chen does not explicitly describe the first measurement gap being “a set of measurement gaps.”Nagaraja teaches first (and second) sets of measurement gaps configurations (fig. 8 and [0076]: each of the measurement gaps in the first set of measurement gaps 802 has a duration “d1” 804 and a time period between each measurement gap is indicated by “t1” 806… each of the measurement gaps in the second set of measurement gaps 852 has a duration “d2” 844 and a time period between each measurement gap is indicated by “t2” 846).It would have been obvious to one of ordinary skill in the art to apply the “sets of measurement gaps” as taught by Nagaraja in the measurement gap information reception and operational tasks performing procedures of Chen to allow a device to communicate with a network simultaneously by tuning into different bands (dual connectivity support) and allows a device to scan and measure signals from neighboring cells or different Radio Access Technologies (RATs) without causing data transmission collisions. Claim 24. Chen, modified by Nagaraja, shows the method of claim 22 wherein performing the one or more operational tasks based on the information about the first set of measurement gaps comprises configuring the UE with the first set of measurement gaps ([0082]: based on the requested pattern indicated in the received UE information, the base station may configure the one or more parameters (e.g. duration, periodicity, number of repetitions etc.) of the measurement gaps for the UE). Claim 25. Chen, modified by Nagaraja, shows the method of claim 22 wherein performing the one or more operational tasks based on the information about the first set of measurement gaps comprises configuring the UE with a second set of measurement gaps that is different than the first set of measurement gaps ([0076]: the measurements gaps in the set 802 (first set) are shorter in duration and occur more frequently (e.g. high periodicity) while the measurements gaps in the set 852 (second set) are longer in duration and occur less frequently (e.g. low periodicity)). ---------- ---------- ---------- Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al in view of Nagaraja et al, applied to claim 22, and He et al (US 2022/0322308 A1). Claim 23. Chen, modified by Nagaraja, shows the method of claim 22; Chen, modified by Nagaraja, does not expressly describe wherein performing the one or more operational tasks based on the information about the first set of measurement gaps comprises deciding whether to configure the UE with the first set of measurement gaps.He teaches feature of deciding whether to configure a UE with a [first] set of measurement gaps ([0106]: in cases where the set of resources associated with a measurement gap configuration are outside of the active BWP of the UE (e.g. within a different carrier frequency), the UE may be unable to perform measurements within the defined measurement occasions while communicating within the active BWP – a determination for measurements has been decided already).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the deciding feature as taught by He in the operational tasks performing step of Chen, modified by Nagaraja, to ensure the configured pattern allows enough time for the UE to retune its radio, measure signals, and return to the serving cell without overloading the base station with reports. ---------- ---------- ---------- Claims 26 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al in view of Nagaraja et al, applied to claim 22, and Deogun et al (US 2019/0075585 A1). Claim 26. Chen, modified by Nagaraja, shows the method of claim 22; Chen, modified by Nagaraja, does not expressly describe wherein performing the one or more operational tasks based on the information about the first set of measurement gaps comprises transmitting, to the UE, a message that indicates that the UE cannot be configured with the first set of measurement gaps.Deogun teaches feature of transmitting, to a UE, a message that indicates that the UE cannot be configured with a [first] set of measurement gaps ([0317] and [0470]: if the UE has received the RRC reconfiguration message from the MN and due to which the UE determines that at least one of the frequency measurement requirement cannot be satisfied or cannot be measured by any of the current configured measurement gap to the UE… dsr-TransMax*SR periodicity, where dsr-TransMax is the number of SR transmission attempts after random access procedure is initiated and SR periodicity is the time periodicity with which SR can be transmitted on the given link).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the message transmitting feature as taught by Deogun in the operational tasks performing step of Chen, modified by Nagaraja, to ensure the configured pattern allows enough time for the UE to retune its radio, measure signals, and return to the serving cell without overloading the base station with reports. Claim 27. Chen, modified by Nagaraja, shows the method of claim 22; Chen, modified by Nagaraja, does not expressly describe wherein performing the one or more operational tasks based on the information about the first set of measurement gaps comprises transmitting, to the UE, a message that indicates that the UE cannot be configured with a set of measurement gaps for performing the RA procedure in the at least one second cell of the second network.Deogun teaches feature of transmitting, to a UE, a message that indicates that the UE cannot be configured with a set of measurement gaps for performing an RA procedure in the at least one [second] cell of a [second] network ([0317] and [0470]: if the UE has received the RRC reconfiguration message from the MN and due to which the UE determines that at least one of the frequency measurement requirement cannot be satisfied or cannot be measured by any of the current configured measurement gap to the UE… dsr-TransMax*SR periodicity, where dsr-TransMax is the number of SR transmission attempts after random access procedure is initiated and SR periodicity is the time periodicity with which SR can be transmitted on the given link).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the message transmitting feature as taught by Deogun in the operational tasks performing step of Chen, modified by Nagaraja, to ensure the configured pattern allows enough time for the UE to retune its radio, measure signals, and return to the serving cell without overloading the base station with reports. ========== ========== ========== Conclusion The prior art made of record is considered pertinent to applicant’s disclosure. 1. Koorapaty et al, US 2016/0183261 A1: a User Equipment (UE) operable for radio communication of data with a radio node of a cellular network in which a first carrier type A is applicable for serving both legacy UEs and new UEs and a second carrier type B is applicable only for serving new UEs, wherein the radio node (802) applies the first carrier type A for downlink signals on a first frequency F1 and switches between applying the second carrier type B and at least partly applying the first carrier type A for downlink signals on a second frequency F2 in order to allow the legacy UEs to measure and/or be served on the second frequency F2, and wherein the UE is configured to support both the first carrier type A and the second carrier type B, the UE comprising: a communication unit configured to receive downlink signals with data on a data channel from the radio node on the second frequency F2, and a logic unit configured to determine a mapping for the data channel depending on an indicator received from the radio node in a downlink assignment for the data, the indicator indicating to the UE whether Cell-specific Reference Signal, (CRS) resource elements are used for transmitting the data to the UE. 2. Ozturk et al, US 2023/0127705 A1: a user equipment (UE) for wireless communication, comprising means for monitoring, using a first procedure, a failure event associated with a first universal subscriber identity module (USIM) of the UE, the failure event comprising at least one of a radio link failure (RLF), a beam failure, or a listen-before-talk (LBT) failure; means for transmitting, to a network entity, a request for a time gap to perform a network operation associated with a second USIM of the UE, while the UE remains in a radio resource control (RRC) connected state associated with the first USIM during the time gap; and means for monitoring, during the time gap, the failure event associated with the first USIM, using a second procedure different than the first procedure. 3. Yuan et al, US 2025/0240762 A1: a method comprising obtaining, from a second device, configuration information comprising a set of default measurement gap configurations configured for one or more frequency layers and a positioning reference signal (PRS) measurement, the set of default measurement gap configurations being associated with the following: a reference signal type related to at least one measurement object; and a positioning reference signal measurement; receiving, from the second device, an indication that indicates whether the default measurement gap configurations in the set of default measurement gap configurations are allowed to be used for at least one of a target positioning reference signal measurement and one or more target measurement objects based on a weighted value of the default measurement gap configurations; determining, based on the indication, that the default measurement gap configurations are not allowed to be used; and based on determining that the default measurement gap configurations are not allowed to be used: obtaining a common measurement gap configuration list indicating a first set of measurement gap configurations configured for all frequency ranges of a first device to be used by different target frequency layers to be measured when concurrent measurement gap configurations are to be used, a second set of measurement gap configurations configured for a frequency range and respective indices for the first and the second sets of measurement gap configurations, wherein a set of parameters configured for the first and the second set of measurement gap configurations comprise the following: respective measurement gap lengths, respective measurement gap repetition periods, respective measurement gap timing advances, respective gap offsets, respective gap pattern identifications, and respective gap types, wherein each measurement gap configuration in the common measurement gap configuration list is configured with a measurement weight for determining measurement time sharing, and wherein each measurement gap configuration in the first set and the second set of measurement gap configurations is assigned by an index associated to a frequency layer; determining, from the common measurement gap configuration list included in the configuration information, a set of target measurement gap configurations to be activated for the at least one of a target positioning reference signal measurement and one or more target measurement objects; and performing at least one target measurement based respective weights of the set of target measurement gap configurations. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Xavier Szewai Wong whose telephone number is 571.270.1780. The examiner can normally be reached on 11:30 am - 8:30 pm Mon to Fri. 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, Jeffrey Rutkowski can be reached on 571.270.1215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /XAVIER S WONG/Primary Examiner, Art Unit 2415 27th June 2026
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Prosecution Timeline

Jul 10, 2024
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §103 (current)

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1-2
Expected OA Rounds
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Grant Probability
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With Interview (+10.3%)
2y 9m (~9m remaining)
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