Prosecution Insights
Last updated: August 17, 2026
Application No. 18/833,807

PRE-CONFIGURED MEASUREMENT GAP (MG) TESTING PROCEDURE

Non-Final OA §103
Filed
Jul 26, 2024
Priority
Apr 20, 2022 — provisional 63/332,836 +1 more
Examiner
JAIN, SWATI
Art Unit
Tech Center
Assignee
Intel Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
106 granted / 126 resolved
+24.1% vs TC avg
Strong +25% interview lift
Without
With
+24.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
29 currently pending
Career history
154
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
79.0%
+39.0% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 126 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 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. Claims 21-33 and 41-50 are rejected under 35 U.S.C. 103 as being unpatentable over US 20230413099 A1 (ZHAO et al.) (hereinafter ZHAO) in view of ZTE CORPORATION, “Views on pre-configured MG patterns”, R4-2205010, 3GPP TSG-RAN WG4 Meeting #102-e, Electronic Meeting, 14 February 2022 (hereinafter ZTE) and in further view of US 20240098540 A1 (Kazmi et al.) (hereinafter Kazmi). In re claim 21, ZHAO discloses an apparatus for use in a user equipment (UE) (Fig. 8, [0009], “According to a fourth aspect, a device for wireless communication is provided. The device serves as a terminal device and includes a receiving unit and a determining unit”), wherein the apparatus comprises: memory to store information related to a wireless signal (Fig. 11:1120), wherein the wireless signal is related to a testing scenario (Fig. 4, [0009], “The receiving unit is configured to receive positioning measurement information of each of a plurality of positioning reference signals (PRSs) to be measured sent by a location management function (LMF). The determining unit configured to determine a first measurement gap for positioning measurement of the plurality of PRSs to be measured according to the positioning measurement information of each of the plurality of PRSs to be measured. Information of the first measurement gap is transmitted to a base station by at least one of the terminal device and the LMF” (testing scenario)); and one or more processors (Fig. 11:110) configured to: measure a value related to the wireless signal in a first time period where a pre- configured measurement gap (pre-MG) is disabled; measure a value related to a repetition of the wireless signal in a second time period that is subsequent to receipt of an indication to activate the pre-MG, and the measurement in the second time period is not performed based on the pre-MG ([0144], “The base station can determine an end time of the first measurement gap according to the first measurement gap length and the first measurement gap repetition period, and schedule data for the terminal device outside the first measurement gap”. [0146], “The terminal device can directly carry out positioning measurement on the PRS to be measured in the time period during which the PRS to be measured is located”. [0156], “The base station determines a length and a repetition period of the first measurement gap according to the pattern serial number of the first measurement gap, and stops scheduling data within the first measurement gap and schedules data outside the first measurement gap” (measurement related to repetition not based on pre-MG)); and measure a value related to a repetition of the wireless signal in a third time period, wherein the measurement in the third time period is performed based on the pre-MG. ZHAO does not explicitly disclose to measure a value related to the wireless signal in a first time period where a pre- configured measurement gap (pre-MG) is disabled. ZTE discloses to measure a value related to the wireless signal in a first time period where a pre- configured measurement gap (pre-MG) is disabled (Page 7, section 2.5.3, lines 17-18, “T_measure, BWP = It is measurement period when the measurement is fully performed without measurement gap” (here the measurement period T 2 is disclosed where measurement is performed where a pre-MG is disabled or without a pre-MG)). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of ZHAO with ZTE to provide a mechanism for activation and deactivation of preconfigured measurement gaps based on certain criterion being met leading to more certainty in scheduling by the network, predictable delays and better alignment between the UE and the network. The advantage of doing so to reduce loss of scheduling resources and degradation of the measurement performance. ZHAO and ZTE do not explicitly disclose measure a value related to a repetition of the wireless signal in a second time period that is subsequent to receipt of an indication to activate the pre-MG, and the measurement in the second time period is not performed based on the pre-MG; and measure a value related to a repetition of the wireless signal in a third time period, wherein the measurement in the third time period is performed based on the pre-MG. Kazmi discloses measure a value related to a repetition of the wireless signal in a second time period that is subsequent to receipt of an indication to activate the pre-MG, and the measurement in the second time period is not performed based on the pre-MG (Fig. 5: Delta T1 “time to switch from BWP to gap based measurement”, [0006], “This active BWP switching delay depends on one or multiple factors, e.g., type of BWP switching, numerology of BWP before and after the switching, number of serving cells on which the BWP switching is triggered simultaneously, number of serving cells on which the BWP switching is triggered non-simultaneously (e.g., over partially overlapping time periods)...” (discloses overlap of a period where measurement is done without MG and an indication to activate measurement using preconfigured MG). [0082], “Embodiments of systems and methods are disclosed herein in which a UE is pre-configured with at least one measurement gap pattern whose usage for measurement is activated or deactivated based on fulfilling one or more conditions or criteria, e.g., based on BWP switching. Typically, a measurement gap pattern is configured by the network node when the UE is triggered or configured to perform a certain type of measurement, e.g., inter-frequency, inter-RAT, positioning, etc. The term “pre-configured measurement gap pattern” or “pre-configured gaps” may refer to any type of measurement gap pattern (e.g., existing pattern), which is configured at the UE even before the UE needs to use the gaps for a certain measurement. This reduces delay in setting up gaps when a new measurement or an ongoing measurement is to be done or continued using gaps”. [0013], “In deactivated state, the UE only carries out RRM measurements (mobility measurements, e.g., on SSBs) according to a sparse measurement schedule proportional to a configured measurement cycle of length 160, 320, 640, or 1280 ms” (measurement without preconfigured MG). [0019], “In this manner, the UE is enabled to activate a preconfigured measurement gap pattern in response to the first set of one or more conditions for using the pre-configured measurement gap pattern being satisfied” (indication to activate a pre-MG based on a certain condition being satisfied)); and measure a value related to a repetition of the wireless signal in a third time period, wherein the measurement in the third time period is performed based on the pre-MG (Fig. 5: “UE starts using preconfigured gaps at time Tg”, Fig. 6:612, [0130], “The UE 312 is further configured by a network node (e.g., base station 302) with at least one measurement gap pattern (MGP) with certain measurement gap length (MGL) (e.g., 6 ms) and measurement gap repetition period (MGRP) (e.g., 40 ms). The measurement gaps can be per-UE or per-FR measurement gaps. The UE may anytime be configured by the network node to switch the active BWP(s) on one or more serving cells based on any active BWP switching mechanism such as, e.g., timer based active BWP switching, DCI based active BWP switching, or RRC based active BWP switching” (measurement by UE based on MG configured by network related to a repetition period parameter). [0010], “A MGP is characterized or defined by several parameters: measurement gap length (MGL), measurement gap repetition period (MGRP), and measurement gap time offset with respect to a reference time”). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of ZHAO and ZTE with Kazmi to provide a mechanism for activation and deactivation of preconfigured measurement gaps based on certain criterion being met leading to more certainty in scheduling by the network, predictable delays and better alignment between the UE and the network. The advantage of doing so to reduce loss of scheduling resources and degradation of the measurement performance. In re claim 22, the combination discloses the apparatus of claim 21, wherein Kazmi discloses wherein the wireless signal is a synchronization signal block (SSB) that is transmitted from a neighbor cell ([0007], “In NR, the Reference Signals (RS) (e.g., Synchronization Signal Block (SSB), Channel State Information Reference Signal (CSI-RS), Positioning Reference Signal (PRS), etc.) are used by the UE for performing different types of measurements for different purposes, e.g., for mobility, for Radio Link Monitoring (RLM) related procedure, for beam management (BM) related procedure, for positioning, for scheduling and link adaptation, etc. Mobility measurements are done on RS of serving and neighbor cells”). In re claim 23, the combination discloses the apparatus of claim 22, wherein Kazmi discloses wherein the UE is configured to measure the value related to the repetition of the wireless signal in the third time period without pre-configured timing information of the neighbor cell ([0081], “In NR, the UE can be configured to perform measurements (e.g., intra-frequency measurements) within the active BWP (e.g., on serving carrier frequency) provided that the reference signals (RS s), e.g., SSB, used for measurements are within the bandwidth (BW) of the active BWP. The base station can, at any time, request the UE to switch its active BWP, e.g., due to scheduling, enable UE power saving, reduce interference, etc.”. [0010], “Measurement gap pattern (MGP) is used by the UE for performing measurements on cells of the serving carriers and non-serving carriers (e.g., inter-frequency carrier, inter-Radio Access Technology (RAT) carriers, etc.). The UE is scheduled in the serving cell only within the BWP. During the measurement gap, the UE cannot be scheduled for receiving/transmitting signals in one or more serving cells. A MGP is characterized or defined by several parameters: measurement gap length (MGL), measurement gap repetition period (MGRP), and measurement gap time offset with respect to a reference time (e.g., slot offset with respect to the serving cell's System Frame Number (SFN) such as SFN=0)” (MG is determined based on timing information of the neighboring cells). [0082], “Embodiments of systems and methods are disclosed herein in which a UE is pre-configured with at least one measurement gap pattern whose usage for measurement is activated or deactivated based on fulfilling one or more conditions or criteria, e.g., based on BWP switching” (measurement in time period without preconfigured timing information or preconfigured gap)). In re claim 24, the combination discloses the apparatus of claim 21, wherein ZTE discloses wherein the indication to activate the pre-MG is received from a serving base station in a testing scenario (Page 2, lines 2-4, “If the network provides the activation/deactivation status via RRC signaling, the UE will not use autonomous rules to determine the activation/deactivation status of the pre-configured MG. It will follow the per-BWP status indicated by the network” (indication by network to activate pre-MG). Page 1, section 1, Introduction: The exact configuration of pre-MG used for PRS measurement, line 8, “UE shall inform network about the PRS measurement by LocationMeasurementlndication IE” (indication for activation used by UE for testing/measurements)). In re claim 25, the combination discloses the apparatus of claim 21, wherein ZTE discloses wherein the second time period relates to bandwidth part (BWP) switching by the UE based on activation of the pre-MG (Page 2, lines 17-18, “In case of pre-MG activation/deactivation triggered by DCl-based/timer BWP switching, the additional transition time for activation/deactivation delay after BWP switch is 5ms”. Page 4, lines 13-16, “these RRC reconfiguration would really lead to change of active BWP or change of target SSB's frequency range, all these changes would request the pre-MG activation/deactivation switch. Especially for "BWP switching by RRC", which in also direct cause like the already agreed "BWP switching by DCI/Timer based" (activation of pre-MG gap in second time period based on BWP switching)). In re claim 26, the combination discloses the apparatus of claim 21, wherein ZTE discloses the method further comprising outputting, based on measured values in the first, second, and third time periods, an indication of an activation delay related to the pre-MG and an indication of measurement delay related to the wireless signal (Page 8, lines 9-14, “But for the transition of Pre-MG activation/deactivation, the transition delay should also be considered. Such transition delay should be larger than BWP switch delay, but considering the happening of BWP switch is uncertain, so the duration of pre-MG activation/deactivation delay maybe conflict with a measurement opportunity in time domain, for the conflicted measurement opportunity, UE cannot perform measurement, so as to avoid the deterioration of measurement accuracy by the reduction of measurement sample, the measurement period should be extended backward” Page 7, section 2.5.3, lines 9-18, “Total measurement period = T measure, basic + N* Tstatus_change, where N = total number of Pre-MG status changes during the measurement period. Tmeasure, basic= MAX (Tmeasure, BWP, Tmeasure, MG); where: Tmeasure, BWP is the measurement period when the measurement is fully performed without measurement gap and Tmeasure, MG is measurement period when the measurement is fully performed with measurement gap”. Page 2, lines 16-18, “In case of pre-MG activation/deactivation triggered by DCl-based/timer BWP switching, the additional transition time for activation/deactivation delay after BWP switch is 5ms” (related the delays to the total time period)). In re claim 27, the combination discloses the apparatus of claim 21, wherein Kazmi discloses wherein the method comprises measuring a plurality of values that are respectively related to a plurality of repetitions of the wireless signal in the third time period ([0130], “The UE 312 is further configured by a network node (e.g., base station 302) with at least one measurement gap pattern (MGP) with certain measurement gap length (MGL) (e.g., 6 ms) and measurement gap repetition period (MGRP) (e.g., 40 ms). The measurement gaps can be per-UE or per-FR measurement gaps. The UE may anytime be configured by the network node to switch the active BWP(s) on one or more serving cells based on any active BWP switching mechanism such as, e.g., timer based active BWP switching, DCI based active BWP switching, or RRC based active BWP switching” (based on activation and deactivation of the preconfigured measurement gaps, multiple periods where plurality of measurements based on repetition period used by network to configure the gap)). In re claim 28, ZHAO discloses a base station ([0010], “The device serves as a base station and includes a first receiving unit configured to receive information of a first measurement gap transmitted by at least one of a terminal device and a location management function (LMF), where the first measurement gap is determined by the terminal device according to positioning measurement information of each of a plurality of position reference signals (PRSs) to be measured”) comprising: one or more processors (Fig. 11:1110 , [0210], “The device 1100 may be a chip, a terminal device, a base station, or an LMF”); and one or more non-transitory computer-readable media comprising instructions that ([0223], “The computer instructions may be stored in a computer-readable storage medium”), upon execution of the instructions by the one or more processors, are to cause the base station to ([0214], “The non-transitory computer-readable storage medium may be applied to a terminal or a network device provided by embodiments of the present disclosure, and the program causes a computer to perform a method performed by the terminal or the network device in various embodiments of the present disclosure”): transmit, to a user equipment (UE) during a first time period in which a pre-configured measurement gap (pre-MG) is disabled at the UE, configuration information related to the pre-MG (Fig. 6:S622, [0096], “The measurement gaps in the measurement gap configuration table may be pre-stored in the terminal device, or may be transmitted to the terminal device by the base station, or may be agreed in the protocol, which are not limited in embodiments of the present disclosure. For example, the base station may send the measurement gap configuration table to the terminal device, so that the terminal device selects the first measurement gap from the measurement gap configuration table”. [0071], “It can be seen from the above process that if the measurement gap is unable to cover the PRS to be measured, the base station needs to reconfigure the measurement gap, and the reconfiguration of the measurement gap may cause a time delay, which may increase the positioning delay of the terminal device...”), wherein the UE is to perform a measurement of a value related to a wireless signal during the first time period, and wherein the wireless signal is related to a testing scenario (Fig. 4, [0009], “The receiving unit is configured to receive positioning measurement information of each of a plurality of positioning reference signals (PRSs) to be measured sent by a location management function (LMF). The determining unit configured to determine a first measurement gap for positioning measurement of the plurality of PRSs to be measured according to the positioning measurement information of each of the plurality of PRSs to be measured. Information of the first measurement gap is transmitted to a base station by at least one of the terminal device and the LMF” (testing scenario)); and transmit, to the UE at a start of a second time period, an indication to activate the pre-MG, wherein the UE is to measure a value related to a repetition of the wireless signal in the second time period, and the measurement in the second time period is not performed based on the pre-MG; wherein the UE is further to measure a value related to a repetition of the wireless signal in a third time period, wherein the measurement in the third time period is performed based on the pre-MG. ZHAO does not explicitly disclose UE is to perform a measurement of a value related to a wireless signal during the first time period in which a pre-configured measurement gap (pre-MG) is disabled at the UE. ZTE discloses UE is to perform a measurement of a value related to a wireless signal during the first time period in which a pre-configured measurement gap (pre-MG) is disabled at the UE (Page 7, section 2.5.3, lines 17-18, “T_measure, BWP = It is measurement period when the measurement is fully performed without measurement gap” (here the measurement period T 2 is disclosed where measurement is performed where a pre-MG is disabled or without a pre-MG)). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of ZHAO with ZTE to provide a mechanism for activation and deactivation of preconfigured measurement gaps based on certain criterion being met leading to more certainty in scheduling by the network, predictable delays and better alignment between the UE and the network. The advantage of doing so to reduce loss of scheduling resources and degradation of the measurement performance. ZHAO and ZTE do not explicitly disclose transmit, to the UE at a start of a second time period, an indication to activate the pre-MG, wherein the UE is to measure a value related to a repetition of the wireless signal in the second time period, and the measurement in the second time period is not performed based on the pre-MG; wherein the UE is further to measure a value related to a repetition of the wireless signal in a third time period, wherein the measurement in the third time period is performed based on the pre-MG. Kazmi discloses transmit, to the UE at a start of a second time period, an indication to activate the pre-MG, wherein the UE is to measure a value related to a repetition of the wireless signal in the second time period, and the measurement in the second time period is not performed based on the pre-MG (Fig. 5: Delta T1 “time to switch from BWP to gap based measurement”, “Pre-configured MGP not currently used”, [0006], “This active BWP switching delay depends on one or multiple factors, e.g., type of BWP switching, numerology of BWP before and after the switching, number of serving cells on which the BWP switching is triggered simultaneously, number of serving cells on which the BWP switching is triggered non-simultaneously (e.g., over partially overlapping time periods)...” (discloses overlap of a period where measurement is done without MG and an indication to activate measurement using preconfigured MG). [0082], “Embodiments of systems and methods are disclosed herein in which a UE is pre-configured with at least one measurement gap pattern whose usage for measurement is activated or deactivated based on fulfilling one or more conditions or criteria, e.g., based on BWP switching. Typically, a measurement gap pattern is configured by the network node when the UE is triggered or configured to perform a certain type of measurement, e.g., inter-frequency, inter-RAT, positioning, etc. The term “pre-configured measurement gap pattern” or “pre-configured gaps” may refer to any type of measurement gap pattern (e.g., existing pattern), which is configured at the UE even before the UE needs to use the gaps for a certain measurement. This reduces delay in setting up gaps when a new measurement or an ongoing measurement is to be done or continued using gaps”. [0130], “The UE 312 is further configured by a network node (e.g., base station 302) with at least one measurement gap pattern (MGP) with certain measurement gap length (MGL) (e.g., 6 ms) and measurement gap repetition period (MGRP) (e.g., 40 ms). The measurement gaps can be per-UE or per-FR measurement gaps”. [0019], “In this manner, the UE is enabled to activate a preconfigured measurement gap pattern in response to the first set of one or more conditions for using the pre-configured measurement gap pattern being satisfied” (indication to activate a pre-MG based on a certain condition being satisfied). [0013], “In deactivated state, the UE only carries out RRM measurements (mobility measurements, e.g., on SSBs) according to a sparse measurement schedule proportional to a configured measurement cycle of length 160, 320, 640, or 1280 ms” (measurement without preconfigured MG)); wherein the UE is further to measure a value related to a repetition of the wireless signal in a third time period, wherein the measurement in the third time period is performed based on the pre-MG (Fig. 5: “UE starts using preconfigured gaps at time Tg”, Fig. 6:612, [0130], “The UE 312 is further configured by a network node (e.g., base station 302) with at least one measurement gap pattern (MGP) with certain measurement gap length (MGL) (e.g., 6 ms) and measurement gap repetition period (MGRP) (e.g., 40 ms). The measurement gaps can be per-UE or per-FR measurement gaps. The UE may anytime be configured by the network node to switch the active BWP(s) on one or more serving cells based on any active BWP switching mechanism such as, e.g., timer based active BWP switching, DCI based active BWP switching, or RRC based active BWP switching” (measurement by UE based on MG configured by network related to a repetition period parameter). [0010], “A MGP is characterized or defined by several parameters: measurement gap length (MGL), measurement gap repetition period (MGRP), and measurement gap time offset with respect to a reference time”). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of ZHAO and ZTE with Kazmi to provide a mechanism for activation and deactivation of preconfigured measurement gaps based on certain criterion being met leading to more certainty in scheduling by the network, predictable delays and better alignment between the UE and the network. The advantage of doing so to reduce loss of scheduling resources and degradation of the measurement performance. In re claim 29, the combination discloses the base station of claim 28, wherein Kazmi discloses wherein the wireless signal is a synchronization signal block (SSB) that is transmitted from a neighbor cell ([0007], “In NR, the Reference Signals (RS) (e.g., Synchronization Signal Block (SSB), Channel State Information Reference Signal (CSI-RS), Positioning Reference Signal (PRS), etc.) are used by the UE for performing different types of measurements for different purposes, e.g., for mobility, for Radio Link Monitoring (RLM) related procedure, for beam management (BM) related procedure, for positioning, for scheduling and link adaptation, etc. Mobility measurements are done on RS of serving and neighbor cells”). In re claim 30, the combination discloses the base station of claim 29, wherein Kazmi discloses wherein the UE is configured to measure the value related to the repetition of the wireless signal in the third time period without pre-configured timing information of the neighbor cell ([0081], “In NR, the UE can be configured to perform measurements (e.g., intra-frequency measurements) within the active BWP (e.g., on serving carrier frequency) provided that the reference signals (RS s), e.g., SSB, used for measurements are within the bandwidth (BW) of the active BWP. The base station can, at any time, request the UE to switch its active BWP, e.g., due to scheduling, enable UE power saving, reduce interference, etc.”. [0010], “Measurement gap pattern (MGP) is used by the UE for performing measurements on cells of the serving carriers and non-serving carriers (e.g., inter-frequency carrier, inter-Radio Access Technology (RAT) carriers, etc.). The UE is scheduled in the serving cell only within the BWP. During the measurement gap, the UE cannot be scheduled for receiving/transmitting signals in one or more serving cells. A MGP is characterized or defined by several parameters: measurement gap length (MGL), measurement gap repetition period (MGRP), and measurement gap time offset with respect to a reference time (e.g., slot offset with respect to the serving cell's System Frame Number (SFN) such as SFN=0)” (MG is determined based on timing information of the neighboring cells). [0082], “Embodiments of systems and methods are disclosed herein in which a UE is pre-configured with at least one measurement gap pattern whose usage for measurement is activated or deactivated based on fulfilling one or more conditions or criteria, e.g., based on BWP switching” (measurement in time period without preconfigured timing information or preconfigured gap)). In re claim 31, the combination discloses the base station of claim 28, wherein ZTE discloses wherein the second time period relates to bandwidth part (BWP) switching by the UE based on activation of the pre-MG (Page 2, lines 17-18, “In case of pre-MG activation/deactivation triggered by DCl-based/timer BWP switching, the additional transition time for activation/deactivation delay after BWP switch is 5ms”. Page 4, lines 13-16, “these RRC reconfiguration would really lead to change of active BWP or change of target SSB's frequency range, all these changes would request the pre-MG activation/deactivation switch. Especially for "BWP switching by RRC", which in also direct cause like the already agreed "BWP switching by DCI/Timer based" (activation of pre-MG gap in second time period based on BWP switching)). In re claim 32, the combination discloses the base station of claim 28, wherein ZTE discloses wherein the UE is further configured to output, based on measured values in the first, second, and third time periods, an indication of an activation delay related to the pre-MG and an indication of measurement delay related to the wireless signal (Page 8, lines 9-14, “But for the transition of Pre-MG activation/deactivation, the transition delay should also be considered. Such transition delay should be larger than BWP switch delay, but considering the happening of BWP switch is uncertain, so the duration of pre-MG activation/deactivation delay maybe conflict with a measurement opportunity in time domain, for the conflicted measurement opportunity, UE cannot perform measurement, so as to avoid the deterioration of measurement accuracy by the reduction of measurement sample, the measurement period should be extended backward” Page 7, section 2.5.3, lines 9-18, “Total measurement period = T measure, basic + N* Tstatus_change, where N = total number of Pre-MG status changes during the measurement period. Tmeasure, basic= MAX (Tmeasure, BWP, Tmeasure, MG); where: Tmeasure, BWP is the measurement period when the measurement is fully performed without measurement gap and Tmeasure, MG is measurement period when the measurement is fully performed with measurement gap”. Page 2, lines 16-18, “In case of pre-MG activation/deactivation triggered by DCl-based/timer BWP switching, the additional transition time for activation/deactivation delay after BWP switch is 5ms” (related the delays to the total time period)). In re claim 33, the combination discloses the base station of claim 28, wherein Kazmi discloses wherein the UE is configured to measure a plurality of values that are respectively related to a plurality of repetitions of the wireless signal in the third time period ([0130], “The UE 312 is further configured by a network node (e.g., base station 302) with at least one measurement gap pattern (MGP) with certain measurement gap length (MGL) (e.g., 6 ms) and measurement gap repetition period (MGRP) (e.g., 40 ms). The measurement gaps can be per-UE or per-FR measurement gaps. The UE may anytime be configured by the network node to switch the active BWP(s) on one or more serving cells based on any active BWP switching mechanism such as, e.g., timer based active BWP switching, DCI based active BWP switching, or RRC based active BWP switching” (based on activation and deactivation of the preconfigured measurement gaps, multiple periods where plurality of measurements based on repetition period used by network to configure the gap)). In re claim 41, ZHAO discloses a User Equipment (UE) ([0047], “The terminal device in the embodiments of the present disclosure may also be referred to as a user equipment (UE)”) configured for operation in a 5G NR network ([0046], “It shall be understood that technical solutions of the embodiments of the present disclosure may be applied to various communication systems, such as: 5th generation (5G) systems or new radio (NR) systems”), the UE comprising processing circuitry; and memory ([0210], “The device 1100 may be a chip, a terminal device, a base station, or an LMF”. [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”), wherein, during a testing scenario (Fig. 4, [0009], “The receiving unit is configured to receive positioning measurement information of each of a plurality of positioning reference signals (PRSs) to be measured sent by a location management function (LMF). The determining unit configured to determine a first measurement gap for positioning measurement of the plurality of PRSs to be measured according to the positioning measurement information of each of the plurality of PRSs to be measured. Information of the first measurement gap is transmitted to a base station by at least one of the terminal device and the LMF” (testing scenario)), the processing circuitry is configured to: during a first duration (T1) when a first bandwidth part (BWP-1) is an active BWP, deactivate a pre-configured measurement gap (Pre-MG) and measure an intra-frequency synchronization signal block (SSB) associated with a neighbor cell; during a second duration (T2) that follows the first duration (T1): receive signaling to activate the Pre-MG and switch the active BWP from the BWP-1 to a second BWP (BWP-2); and measure the intra-frequency SSB during the second duration (T2) without the activated Pre-MG, and during a third duration (T3) that follows the second duration (T2), measure the intra- frequency SSB with the activated Pre-MG. ZHAO does not explicitly disclose during a first duration (T1) when a first bandwidth part (BWP-1) is an active BWP, deactivate a pre-configured measurement gap (Pre-MG) and measure an intra-frequency synchronization signal block (SSB) associated with a neighbor cell. ZTE discloses during a first duration (T1) when a first bandwidth part (BWP-1) is an active BWP, deactivate a pre-configured measurement gap (Pre-MG) and measure an intra-frequency synchronization signal block (SSB) associated with a neighbor cell (Page 1, Introduction, line 21, “If MG is not required by any of the configured measurements, the MG is deactivated”. Page 4, lines 13-14, “these RRC reconfiguration would really lead to change of active BWP or change of target SSB's frequency range, all these changes would request the pre-MG activation/deactivation switch”. Page 6, section 2.5.1, lines 3-5, “In case of pre-MG activation/deactivation triggered by events other than DCl based/timer BWP switching, the starting time of the gap status changing delay is the slot that UE receives the network command which leads to gap status change” (discloses a scenario where first time period may be an active BWP-1 and intra frequency SSB measurements are within the bandwidth and measurement using preconfigured gap is not triggered)). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of ZHAO with ZTE to provide a mechanism for activation and deactivation of preconfigured measurement gaps based on certain criterion being met leading to more certainty in scheduling by the network, predictable delays and better alignment between the UE and the network. The advantage of doing so to reduce loss of scheduling resources and degradation of the measurement performance. ZHAO and ZTE do not explicitly disclose during a second duration (T2) that follows the first duration (T1): receive signaling to activate the Pre-MG and switch the active BWP from the BWP-1 to a second BWP (BWP-2); and measure the intra-frequency SSB during the second duration (T2) without the activated Pre-MG, and during a third duration (T3) that follows the second duration (T2), measure the intra- frequency SSB with the activated Pre-MG. Kazmi discloses during a second duration (T2) that follows the first duration (T1) (Fig. 5: Delta T1 “time to switch from BWP to gap based measurement”): receive signaling to activate the Pre-MG ([0019], “In this manner, the UE is enabled to activate a preconfigured measurement gap pattern in response to the first set of one or more conditions for using the pre-configured measurement gap pattern being satisfied” (indication to activate a pre-MG based on a certain condition being satisfied)) and switch the active BWP from the BWP-1 to a second BWP (BWP-2) ([0006], “For example, the UE is switched first from the current active BWP1 to new BWP2, which becomes the new active BWP... This active BWP switching delay depends on one or multiple factors, e.g., type of BWP switching, numerology of BWP before and after the switching, number of serving cells on which the BWP switching is triggered simultaneously, number of serving cells on which the BWP switching is triggered non-simultaneously (e.g., over partially overlapping time periods) ...”); and measure the intra-frequency SSB during the second duration (T2) without the activated Pre-MG (Fig. 5, “Delta T1 is time to switch from BWP to a gap based measurement” (showing periods where pre-configured MG is not used), [0082], “Embodiments of systems and methods are disclosed herein in which a UE is pre-configured with at least one measurement gap pattern whose usage for measurement is activated or deactivated based on fulfilling one or more conditions or criteria, e.g., based on BWP switching. Typically, a measurement gap pattern is configured by the network node when the UE is triggered or configured to perform a certain type of measurement, e.g., inter-frequency, inter-RAT, positioning, etc. The term “pre-configured measurement gap pattern” or “pre-configured gaps” may refer to any type of measurement gap pattern (e.g., existing pattern), which is configured at the UE even before the UE needs to use the gaps for a certain measurement. This reduces delay in setting up gaps when a new measurement or an ongoing measurement is to be done or continued using gaps”. [0013], “In deactivated state, the UE only carries out RRM measurements (mobility measurements, e.g., on SSBs) according to a sparse measurement schedule proportional to a configured measurement cycle of length 160, 320, 640, or 1280 ms” (measurement without preconfigured MG)), and during a third duration (T3) that follows the second duration (T2), measure the intra- frequency SSB with the activated Pre-MG (Fig. 5: “UE starts using preconfigured gaps at time Tg”, Fig. 6:612, [0130], “The UE 312 is further configured by a network node (e.g., base station 302) with at least one measurement gap pattern (MGP) with certain measurement gap length (MGL) (e.g., 6 ms) and measurement gap repetition period (MGRP) (e.g., 40 ms). The UE may anytime be configured by the network node to switch the active BWP(s) on one or more serving cells based on any active BWP switching mechanism ...” (measurement by UE in a third period using preconfigured MG based on BWP2)). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of ZHAO and ZTE with Kazmi to provide a mechanism for activation and deactivation of preconfigured measurement gaps based on certain criterion being met leading to more certainty in scheduling by the network, predictable delays and better alignment between the UE and the network. The advantage of doing so to reduce loss of scheduling resources and degradation of the measurement performance. In re claim 42, the combination discloses the UE of claim 41, wherein Kazmi discloses wherein the processing circuitry is configured to: deactivate the Pre-MG when the BWP-1 is active; and activate the Pre-MG when the BWP-2 is active (Fig. 5, [0139], “The conditions or criteria that trigger the UE 312 to use the pre-configured MGP include one or more of the following”. [0140], “The UE 312 is performing measurements within the active BWP (e.g., BWP1), and the active BWP switching from BWP1 to BWP2 results in that the BW of the new active BWP (BWP2) does not fully contain the RSs used for measurements being performed. Therefore, the UE 312 cannot continue the ongoing measurements within BWP2. Therefore, the UE 312 has to switch from BMP to GMP (i.e., use of the pre-configured MGP is triggered)” (deactivate or not use preconfigured MG when BWP1 is active meaning measurements within the bandgap width. Use preconfigured measurement gap when reference signals not within the active BWP2)). In re claim 43, the combination discloses the UE of claim 42, wherein Kazmi discloses wherein the first duration (T1), the second duration (T2) and the third duration (T3) are successive time periods having predetermined durations (Fig. 5, shows the intervals when measurements are made without gap (BWP1), indication to switch (delta T1) and the interval where subsequent measurements are happening using pre configured gaps at time T g). In re claim 44, the combination discloses the UE of claim 43, wherein Kazmi discloses wherein the UE is configured to: complete activation of the Pre-MG during the second duration (T2) (Fig. 5, shows the indication to switch (delta T1) after the first period of BWP1 and the interval where subsequent measurements are happening using pre-configured gaps at time Tg during the third period (activating to use pre-configured MG), [0130], “The UE 312 is further configured by a network node (e.g., base station 302) with at least one measurement gap pattern (MGP) with certain measurement gap length (MGL) (e.g., 6 ms) and measurement gap repetition period (MGRP) (e.g., 40 ms). The measurement gaps can be per-UE or per-FR measurement gaps. The UE may anytime be configured by the network node to switch the active BWP(s) on one or more serving cells based on any active BWP switching mechanism such as, e.g., timer based active BWP switching, DCI based active BWP switching, or RRC based active BWP switching” (activated to use pre-configured MG during second time period); and complete a measurement of the intra-frequency SSB with the activated Pre-MG within the third duration (T3) (Fig. 5: “UE starts using preconfigured gaps at time Tg”, Fig. 6:612, [0130], “The UE may anytime be configured by the network node to switch the active BWP(s) on one or more serving cells based on any active BWP switching mechanism such as, e.g., timer based active BWP switching, DCI based active BWP switching, or RRC based active BWP switching” (measurement by UE based on MG in BWP-2)). In re claim 45, the combination discloses the UE of claim 43, wherein Kazmi discloses wherein the UE is configured to: complete a measurement of the intra-frequency SSB with the Pre-MG deactivated during the first duration (T1); complete a measurement the intra-frequency SSB without use of the activated Pre-MG during the second duration (T2); and complete a measurement of the intra-frequency SSB with the activated Pre-MG within the third duration (T3) (Fig. 5) (As disclosed in claims 43 and 44 and also Fig. 5 shows all three periods of measurements without MG, indication to switch due to BWP2 and third period of measurements with MG)). In re claim 46, the combination discloses the UE of claim 43, wherein ZTE discloses wherein the processing circuitry is further configured to generate a measurement report for transmission, the measurement report including the measurements of the intra-frequency SSB (Page 7, section 2.5.3, lines 6-8, “Define the more general requirements for the case in which UE can perform the measurements within "N" activated pre-MG and "M" deactivated pre-MG (N+M<total number of measurements required by a successful measurement report (e.g. 5))”. Page 4, lines 16-18, “For "addition/removal of any measurement object(s)" and "addition/release/change of a SCell under CA", even they are indirect cause but would also lead to change of active BWP or change of target SSB's frequency range, all these changes would request the pre-MG activation/deactivation switch”). In re claim 47, the combination discloses the UE of claim 43, wherein ZTE discloses wherein the testing scenario verifies intra-frequency cell search requirements and activation/deactivation delay of the Pre-MG (Page 2, lines 17-18, “In case of pre-MG activation/deactivation triggered by DCl-based/timer BWP switching, the additional transition time for activation/deactivation delay after BWP switch is 5ms”. Page 6, section 2.5.1, lines 4-6, “In case of pre-MG activation/deactivation triggered by events other than DCl based/timer BWP switching, the starting time of the gap status changing delay is the slot that UE receives the network command which leads to gap status change”). In re claim 48, the combination discloses the UE of claim 43, wherein Kazmi discloses wherein during the testing scenario, the UE is configured for operation in stand-alone (SA) mode ([0008], “In NR, in one example, the UE can be configured to perform and report measurements on one or more beams in a cell, i.e. beam level measurement. In this case, the UE may measure on a beam and transmits measurement results comprising, e.g., signal measurement (e.g., SS-RSRP) of the beam and the beam index (e.g., SSB index, CSI-RS index, etc.)”). In re claim 49, the combination discloses the UE of claim 43, wherein Kazmi discloses wherein the UE is configured with both the first bandwidth part (BWP-1) and the second BWP (BWP-2) for a first cell (PCell) before the first-time duration (T1) (Fig. 5, [0148], “In this example, the UE 312 is served by cell1 (e.g., SpCell, SCell). Initially, certain RSs (e.g., SSB1) are within the BW of the current active BWP (BWP1). Therefore, the UE 312 initially performs one or more intra-frequency measurements or measurements on carrier of cell1 on RSs (e.g., SSB1) according to BMP, i.e. in BWP and without MGP. The UE 312 is triggered at time instance, T0, to switch its active BWP from BWP1 to BWP2 on cell1. The active BWP switching from BWP1 to BWP2 takes place over a time period dt, starting from T0”). In re claim 50, the combination discloses the UE of claim 43, wherein Kazmi discloses wherein the processing circuitry is to configure the UE to measure repetitions of the intra-frequency SSB during one or more of the time durations ([0130], “The UE 312 is further configured by a network node...with measurement gap repetition period (MGRP) (e.g., 40 ms)”. [0199], “Therefore, the UE 312 initially performs one or more intra-frequency measurements or measurements on carrier of cell1 on RSs (e.g., SSB1) according to GMP, i.e. using pre-configured MGP. The UE 312 is triggered at time instance, T0, to switch its active BWP from BWP3 to BWP4 on cell1. The active BWP switching from BWP3 to BWP4 takes place over a time period DT2, starting from T0. The reference signals (RSs) are fully within the BW of the new active BWP (BWP4). This triggers the UE 312 to switch from GMP to BMP to continue performing the measurements on the same RSs (e.g., SSB1). In principle the UE 312 may stop the pre-configured MGP immediately after it has switched to BWP4”). Contact Any inquiry concerning this communication or earlier communications from the examiner should be directed to SWATI JAIN whose telephone number is (571)270-0699. The examiner can normally be reached Mon - Fri (830 am - 530 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, Pan Yuwen can be reached on 571-272-7855. 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. /SWATI JAIN/Examiner, Art Unit 2649
Read full office action

Prosecution Timeline

Jul 26, 2024
Application Filed
Jul 30, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12689460
Enhanced Long Range Communication Schemes In Wireless Communications
3y 2m to grant Granted Jul 21, 2026
Patent 12676667
LENSING USING LOWER EARTH ORBIT REPEATERS
3y 10m to grant Granted Jul 07, 2026
Patent 12677141
Request to Store Information for a Plurality of Cells
3y 7m to grant Granted Jul 07, 2026
Patent 12672032
EI SIGNALLING FOR GROUP HANDOVER
3y 5m to grant Granted Jun 30, 2026
Patent 12672096
EMERGENCY RESPONSE (ER) SYSTEM FOR HYBRID WORK SOFTPHONE MOBILE DEVICES IN SDA/SDN FABRIC NETWORKS
2y 9m to grant Granted Jun 30, 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
99%
With Interview (+24.9%)
2y 10m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 126 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