Prosecution Insights
Last updated: October 02, 2026
Application No. 18/798,650

SCALING FACTOR APPLICATION TO LAYER 1 MEASUREMENTS OVERLAPPING WITH A DEACTIVATED MEASUREMENT GAP

Non-Final OA §103
Filed
Aug 08, 2024
Examiner
ROSE, DERRICK V
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
474 granted / 565 resolved
+25.9% vs TC avg
Minimal -3% lift
Without
With
+-3.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
14 currently pending
Career history
571
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
74.9%
+34.9% vs TC avg
§102
10.7%
-29.3% vs TC avg
§112
2.9%
-37.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 565 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. 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. Claim(s) 1, 2, 7-12, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al (CN 120434653) in view of Shen et al (US 20240214838) and further in view of Song et al (WO 2024256069). As to claims 1 and 19 Tang discloses a user equipment (UE) for wireless communication (Tang- Fig.17), and a method for wireless communication by UE, the UE comprising: a processing system that includes one or more processors and one or more memories coupled with the one or more processors (Tang - As shown in FIG. 17, the terminal device 1700 includes: a processor 1701 and a memory 1702; The memory 1702 stores computer execution instructions; The processor 1701 executes the computer execution instructions stored in the memory 1702); the processing system configured to cause the UE to: receive a measurement gap deactivation indication that indicates to deactivate a measurement gap, wherein the measurement gap overlaps with one or more service transmission period (Tang- within a preset period of the measurement gap, the terminal equipment receives or transmits the first data in the serving cell, including: if the first signaling comprises an indication for indicating to deactivate the preset time period, the terminal equipment does not receive or send the first data in the service cell within the preset time period of indicating to deactivate the measurement gap.; Fig. 3-overlap between the service transmission period and the measurement gap The corresponding pre-set time interval is designed according to the service related information of the data, and the pre-set time interval may be overlapped with the measuring gap. indicating the terminal device to skip the measurement in the pre-set period of the measurement gap, that is, indicating the terminal device not to execute the measurement and execute the data transmission during the time domain of the measurement gap and the pre-set period, so as to avoid the delay of the data packet transmission and the data transmission interruption caused by the measurement gap); Tang however is silent wherein the measuring gap overlaps with one or more Layer 1 measurement resources- as interpreted L1 measurement resources being synchronization signal block (SSB) resources or CSI-RS resources. However, in an analogous art Shen remedies this deficiency: (Shen ¶0187, Fig.7-the SSB partially overlaps the measurement gap, and partially overlaps the SMTC occasion, and the SMTC occasion completely overlaps the measurement gap Shen ¶0257- if the L1 measurement is preferentially performed when the time domain resource on which the reference signal of the serving cell is located partially or completely overlaps the time domain resource to which the measurement gap belongs, and the L1 measurement is not preferentially performed when the time domain resource on which the reference signal of the serving cell is located partially or completely overlaps the SMTC occasion) Therefore it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify the teachings of Tang with that Shen for the purpose of adapting L1 measurement duration accurately with measurement gaps. Tang and Shen combined however are silent wherein a measurement duration for the one or more L1 measurement resources is in accordance with a scaling factor; obtain a scaling factor parameter associated with a quantity of deactivated measurement gaps within a time period; and perform one or more measurements using an updated scaling factor in accordance with applying the scaling factor parameter to the scaling factor. However, in an analogous art Song remedies this deficiency: (Song ¶0087- The update to a parameter may be in any suitable manner. In some example embodiments, the update may include scaling down or up the parameter. As an example, the action information may comprise a scaling factor of the measurement gap length, for example, measGapLengthMonitoringScalingFactor which serves as a float value to scale the measurement gap length. As another example, the action information may comprise a scaling factor of the measurement gap repetition period, for example, measGapRepetitionPeriodMonitoringScalingFactor which represents a float value to scale the measurement gap repetition period. In some example embodiments, the update may include an offset of the parameter. As example, the action information may further comprise an offset to the measurement gap length, for example, measGapLengthMonitoringOffset which denotes a constant value to adjust the legacy measurement gap length in ms). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing day of the invention to modify the combined teachings of Tang and Shen with that of Song for the purpose of adjusting L1 measurement scaling to reflect active measurement gaps. As to claims 2 and 20 the combined teachings of Tang Shen and Song disclose the UE and method of claims 1 and 19 respectively, wherein the processing system is further configured to cause the UE to generate the updated scaling factor in accordance with applying the scaling factor parameter to the scaling factor (Song ¶0087-The update to a parameter may be in any suitable manner. In some example embodiments, the update may include scaling down or up the parameter. As an example, the action information may comprise a scaling factor of the measurement gap length, for example, measGapLengthMonitoringScalingFactor which serves as a float value to scale the measurement gap length. As another example, the action information may comprise a scaling factor of the measurement gap repetition period, for example, measGapRepetitionPeriodMonitoringScalingFactor which represents a float value to scale the measurement gap repetition period. In some example embodiments, the update may include an offset of the parameter. As example, the action information may further comprise an offset to the measurement gap length, for example, measGapLengthMonitoringOffset which denotes a constant value to adjust the legacy measurement gap length in ms ). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to combine the teachings of Tang Shen and Song for the purpose of adjusting L1 measurement scaling to reflect active measurement gaps. As to claim 7 the combined teachings of Tang Shen and Song disclose The UE of claim 1, wherein the time period is an L1 measurement period associated with the one or more L1 measurement resources (Shen ¶0114- last sentence- For example, when the L1 measurement is L1-RSRP measurement in the FR2, a definition of the L1 measurement period T.sub.L1-RSRP_Measurement_Period_SSB in the foregoing scenario in the protocol is shown in Table 1). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to combine the teachings of Tang Shen and Song for the purpose of adjusting L1 measurement scaling to reflect active measurement gaps. As to claim 8 the combined teachings of Tang Shen and Song disclose The UE of claim 7, wherein the L1 measurement period is a radio link monitoring out-of-sync and in-sync evaluation period, a beam failure detection evaluation period, a candidate beam detection evaluation period, an L1 reference signal received power measurement period, or an L1 signal-to-interference-plus-noise ratio measurement period (Shen ¶0159- A terminal device may perform periodic L1 measurement based on an L1 measurement period, to evaluate link quality of a serving cell. When the terminal device finds that the link quality is poor, RLM out-of-sync (that is, RLM out-of-sync) is triggered. In this case, the terminal device needs to preferentially perform RLM synchronization (in-sync) (that is, RLM in-sync) measurement, and determine, based on a result of the RLM in-sync measurement, whether the link quality is recovered. Shen ¶0004- the L1 measurement may be further for radio link monitoring (radio link monitoring, RLM), beam failure detection (beam failure detection, BFD), candidate beam detection (candidate beam detection, CBD), and the like.). As to claim 9 the combined teachings of Tang Shen and Song disclose the UE of claim 1, wherein receiving the measurement gap deactivation indication comprises receiving a radio resource control (RRC) message indicating a measurement gap bitmap that includes the measurement gap deactivation indication, and wherein the time period is in accordance with a measurement gap bitmap duration for the measurement gap bitmap (Tang-The first signaling is any one of Radio Resource Control (RRC), Media Access Control (MAC) CE or Dynamic Channel Assignment (DCI). Wherein, the bits of the RRC, MAC CE or DCI signaling are different, and the network device can determine the appropriate signaling type according to the content in the first signaling). As to claim 10 the combined teachings of Tang Shen and Song disclose the UE of claim 9, wherein the measurement gap bitmap includes a plurality of bits corresponding to a plurality of measurement gaps within the time period, wherein a first value of a bit of the plurality of bits indicates that a corresponding measurement gap is activated and a second value of the bit of the plurality of bits indicates that the corresponding measurement gap is deactivated (Tang Fig. 13 - FIG. 13 is a bitmap of the first time window correlation mode, the bitmap comprises a plurality of time slots, and an indicator of measurement skipping corresponding to each time slot, the indicator 1 is defined as performing measurement skipping, that is, the time period corresponding to the indicator 1 is a preset time period, The indicator 0 is a non-performing measurement skip). As to claim 11 the combined teachings of Tang Shen and Song disclose the UE of claim 1, wherein, to cause the UE to receive the measurement gap deactivation indication, the processing system is configured to cause the UE to receive downlink control information, a medium access control (MAC) control message, or a radio resource control message that includes the measurement gap deactivation indication (Tang- The first signaling is any one of Radio Resource Control (RRC), Media Access Control (MAC) CE or Dynamic Channel Assignment (DCI), wherein the first signaling may comprise a first configuration, and the first configuration comprises related information of a first time window, which may be RRC; The first signaling may include a first indication, and the first indication may include an indication of the second time window of the application or an index of the first time window, and may be a DCI or a MAC CE). As to claim 12 Tang discloses A network node for wireless communication, comprising: a processing system that includes one or more processors and one or more memories coupled with the one or more processors, the processing system configured to cause the network node to (Tang Fig. 18, the network device 1800 comprises: a processor 1801 and a memory 1802; a memory 1802 stores computer execution instructions; The processor 1801 executes the computer execution instruction stored in the memory 1802,) : transmit a measurement gap deactivation indication that indicates to deactivate a measurement gap, wherein the measurement gap overlaps with one or more service transmission period of a user equipment (UE) (Tang- the terminal equipment receives or transmits the first data in the serving cell, including: if the first signaling comprises an indication for indicating to deactivate the preset time period, the terminal equipment does not receive or send the first data in the service cell within the preset time period of indicating to deactivate the measurement gap.; Fig. 3-overlap between the service transmission period and the measurement gap -The corresponding pre-set time interval is designed according to the service related information of the data, and the pre-set time interval may be overlapped with the measuring gap. indicating the terminal device to skip the measurement in the pre-set period of the measurement gap, that is, indicating the terminal device not to execute the measurement and execute the data transmission during the time domain of the measurement gap and the pre-set period, so as to avoid the delay of the data packet transmission and the data transmission interruption caused by the measurement gap); Tang however is silent wherein the measuring gap overlaps with one or more Layer 1 measurement resources- as interpreted L1 measurement resources being synchronization signal block (SSB) resources or CSI-RS resources. However, in an analogous art Shen remedies this deficiency: Shen ¶0187, Fig.7-the SSB partially overlaps the measurement gap, and partially overlaps the SMTC occasion, and the SMTC occasion completely overlaps the measurement gap Shen ¶0257- if the L1 measurement is preferentially performed when the time domain resource on which the reference signal of the serving cell is located partially or completely overlaps the time domain resource to which the measurement gap belongs, and the L1 measurement is not preferentially performed when the time domain resource on which the reference signal of the serving cell is located partially or completely overlaps the SMTC occasion) Therefore it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify the teachings of Tang with that of Shen for the purpose of adapting L1 measurement duration accurately with measurement gaps. Tang and Shen combined however are silent wherein a measurement duration for the one or more L1 measurement resources is in accordance with a scaling factor; and transmit a scaling factor parameter associated with a quantity of deactivated measurement gaps within a time period . However, in an analogous art Song remedies this deficiency: (Song ¶0087- The update to a parameter may be in any suitable manner. In some example embodiments, the update may include scaling down or up the parameter. As an example, the action information may comprise a scaling factor of the measurement gap length, for example, measGapLengthMonitoringScalingFactor which serves as a float value to scale the measurement gap length. As another example, the action information may comprise a scaling factor of the measurement gap repetition period, for example, measGapRepetitionPeriodMonitoringScalingFactor which represents a float value to scale the measurement gap repetition period. In some example embodiments, the update may include an offset of the parameter. As example, the action information may further comprise an offset to the measurement gap length, for example, measGapLengthMonitoringOffset which denotes a constant value to adjust the legacy measurement gap length in ms). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing day of the invention to modify the combined teachings of Tang and Shen with that of song for the purpose of adjusting L1 measurement scaling to reflect active measurement gaps. As to claim 17 the combined teachings of Tang Shen and Song disclose the network node of claim 12, wherein the time period is an L1 measurement period associated with the one or more L1 measurement resources(Shen ¶0114- last sentence- For example, when the L1 measurement is L1-RSRP measurement in the FR2, a definition of the L1 measurement period T.sub.L1-RSRP_Measurement_Period_SSB in the foregoing scenario in the protocol is shown in Table 1).Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to combine the teachings of Tang Shen and Song for the purpose of adjusting L1 measurement scaling to reflect active measurement gaps. As to claim 18 the combined teachings of Tang Shen and Song disclose the network node of claim 17, wherein the L1 measurement period is a radio link monitoring out-of-sync and in-sync evaluation period, a beam failure detection evaluation period, a candidate beam detection evaluation period, an L1 reference signal received power measurement period, or an L1 signal-to-interference-plus-noise ratio measurement period(Shen ¶0159- A terminal device may perform periodic L1 measurement based on an L1 measurement period, to evaluate link quality of a serving cell. When the terminal device finds that the link quality is poor, RLM out-of-sync (that is, RLM out-of-sync) is triggered. In this case, the terminal device needs to preferentially perform RLM synchronization (in-sync) (that is, RLM in-sync) measurement, and determine, based on a result of the RLM in-sync measurement, whether the link quality is recovered. Shen ¶0004- the L1 measurement may be further for radio link monitoring (radio link monitoring, RLM), beam failure detection (beam failure detection, BFD), candidate beam detection (candidate beam detection, CBD), and the like.). Allowable Subject Matter Claims 3-6, and 13-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhang et al – Method for Channel Measurement and Device Thereof- US 20210306893, ¶0130, ¶0133. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DERRICK V ROSE whose telephone number is (571)270-7460. The examiner can normally be reached 9am- 6pm. 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, YEMANE MESFIN can be reached at 571-272-3927. 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. /DERRICK V ROSE/Primary Examiner, Art Unit 2462
Read full office action

Prosecution Timeline

Aug 08, 2024
Application Filed
Jul 24, 2026
Non-Final Rejection mailed — §103
Sep 22, 2026
Interview Requested

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12750268
DEMODULATION OF MODULATION CONSTELLATIONS WITH PROBABILISTIC AMPLITUDE SHAPING
3y 1m to grant Granted Sep 29, 2026
Patent 12744608
FRAGMENTING PUBLIC WARNING SYSTEM MESSAGES IN A WIRELESS SYSTEM
3y 0m to grant Granted Sep 22, 2026
Patent 12739826
METHOD AND APPARATUS FOR DYNAMICALLY CHANGING UPLINK TRANSMISSION CONFIGURATION IN WIRELESS COMMUNICATION SYSTEM
2y 9m to grant Granted Sep 15, 2026
Patent 12726317
APPARATUS, METHODS, AND COMPUTER PROGRAMS
2y 7m to grant Granted Sep 01, 2026
Patent 12701077
Determining a Time to Permit a Communications Session to be Conducted
11m to grant Granted Aug 04, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

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

Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
81%
With Interview (-3.1%)
2y 9m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 565 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

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

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

Free tier: 3 strategy analyses per month