Prosecution Insights
Last updated: August 17, 2026
Application No. 18/838,557

MEASUREMENT METHOD AND APPARATUS

Non-Final OA §103
Filed
Aug 14, 2024
Priority
Feb 21, 2022 — nonprovisional of PCTCN2022077135
Examiner
DECKER, CASSANDRA L
Art Unit
Tech Center
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
352 granted / 486 resolved
+12.4% vs TC avg
Strong +16% interview lift
Without
With
+16.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
20 currently pending
Career history
510
Total Applications
across all art units

Statute-Specific Performance

§101
4.6%
-35.4% vs TC avg
§103
46.5%
+6.5% vs TC avg
§102
9.0%
-31.0% vs TC avg
§112
35.1%
-4.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 486 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 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. Claim(s) 1, 3, 7, 9, 10, 15, 17, and 19-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 2023/0047684) in view of Li et al. (US 2023/0345276). For Claims 1, 15, and 17, Hu teaches a measurement method, executed by a terminal device, a communication apparatus, comprising a processor and a memory, wherein the memory stores a computer program, and the processor executes the computer program stored in the memory (see paragraph 8), and a non-transitory computer readable storage medium, configured to store instructions (see paragraph 249); the method comprising: reporting capability indication information of the terminal device to a network side device (see paragraphs 187, 192); receiving configuration information sent by the network side device (see paragraph 199); receiving first indication information sent by the network side device, wherein the first indication information is configured to indicate that the terminal device performs mobility measurement (see abstract, paragraphs 7, 123); and performing the mobility measurement according to the first indication information and the configuration information (see abstract, paragraphs 121, 123). Hu as applied above is not explicit as to, but Li teaches that the capability indication information is configured to indicate that the terminal device supports simultaneous configuration of N measurement Gaps, and N is a positive integer (see paragraphs 4-5, 99, 102); and that the configuration information is configured by the network side device according to the capability indication information, and the configuration information comprises M measurement Gap configurations, wherein M is a positive integer less than or equal to N (see paragraphs 102, 105-106, 119, 129). Thus it would have been obvious to one of ordinary skill in the art at the time the application was filed to indicate simultaneous measurement gap support as in Li when implementing measurement gap sharing as in Hu. The motivation would be to ensure that the number of concurrent measurement gaps doesn’t exceed the number supported at the terminal device. For Claims 3 and 19, Hu further teaches the measurement method 1, wherein performing the mobility measurement according to the first indication information and the configuration information comprises: receiving a first corresponding relationship, configured by the network side device, between the measurement Gap configurations and an SSB based RRM measurement timing configuration (SMTC) in a measurement object (MO) (see paragraphs 82-83, 85; also 53-54: SSB); determining a target SMTC in a target measurement object (MO) according to the target measurement Gap configurations and the first corresponding relationship (see paragraphs 82-83, 85); and performing the mobility measurement according to the target measurement Gap configurations and the target SMTC (see paragraph 85). Hu as applied above is not explicit as to, but Li teaches determining that the M measurement Gap configurations are all target measurement Gap configurations (see paragraphs 118-119: target carriers with measurement gap patterns). Thus it would have been obvious to one of ordinary skill in the art at the time the application was filed to determine measurement targets as in Li when implementing the method of Hu. The motivation would be to ensure the appropriate number of concurrent measurement at the terminal device. For Claims 7 and 20-22, Hu teaches a measurement method, executed by a network side device, a communication apparatus, comprising a processor and a memory, wherein the memory stores a computer program, and the processor executes the computer program stored in the memory (see paragraph 9); a communication apparatus, comprising: a processor and an interface circuit, wherein the interface circuit is configured to receive code instructions and transmitting the same to the processor (see paragraph 9); and non-transitory computer readable storage medium, configured to store instructions (see paragraph 249); the method comprising: receiving capability indication information reported by a terminal device (see paragraphs 187, 192); sending configuration information to the terminal device (see paragraph 199); and sending first indication information to the terminal device, wherein the first indication information is configured to indicate that the terminal device performs mobility measurement (see abstract, paragraphs 7, 123). Hu as applied above is not explicit as to, but Li teaches that the capability indication information is configured to indicate that the terminal device supports simultaneous configuration of N measurement Gaps, and N is a positive integer (see paragraphs 4-5, 99, 102); and that the configuration information is configured by the network side device according to the capability indication information, and the configuration information comprises M measurement Gap configurations, wherein M is a positive integer less than or equal to N (see paragraphs 102, 105-106, 119, 129). Thus it would have been obvious to one of ordinary skill in the art at the time the application was filed to indicate simultaneous measurement gap support as in Li when implementing measurement gap sharing as in Hu. The motivation would be to ensure that the number of concurrent measurement gaps doesn’t exceed the number supported at the terminal device. For Claim 9, Hu further teaches the measurement method, further comprising: configuring a first corresponding relationship between the measurement Gap configurations and an SMTC in a measurement object (MO) (see paragraphs 82-83, 85; also 53-54: SSB). For Claim 10, Hu further teaches the measurement method, further comprising: configuring a first corresponding relationship between an SMTC in a measurement object (MO) and the measurement Gap configurations (see paragraphs 82-83, 85; also 53-54: SSB). Claim(s) 2, 8, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 2023/0047684) and Li et al. (US 2023/0345276) as applied to claims 1, 7, and 15 above, and further in view of Kumar et al. (US 2023/0098778). For Claims 2 and 18, Hu as applied above is not explicit as to, but Li teaches the measurement method, wherein the configuration information further comprises a measurement Gap configuration (see paragraphs 118-119), and performing the mobility measurement according to the first indication information and the configuration information comprises: determining that the measurement Gap configuration is a target measurement Gap configuration (see paragraphs 118-119); and performing the mobility measurement according to the first indication information and the target measurement Gap configuration (see paragraphs 118-119). The references as applied above are not explicit as to, but Kumar teaches the default measurement gap configuration (see paragraphs 22, 23). Thus it would have been obvious to one of ordinary skill in the art at the time the application was filed to determine to use the default measurement gap configuration as in Kumar when implementing the method of Hu and Li. The motivation would be to reduce latency by ensuring that at least one configuration is available without additional signaling. For Claim 8, the references as applied above are not explicit as to, but Kumar teaches the measurement method, wherein the configuration information further comprises a default measurement Gap configuration (see paragraphs 22, 23). Thus it would have been obvious to one of ordinary skill in the art at the time the application was filed to determine to use the default measurement gap configuration as in Kumar when implementing the method of Hu and Li. The motivation would be to reduce latency by ensuring that at least one configuration is available without additional signaling. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 2023/0047684) and Li et al. (US 2023/0345276) as applied to claim 1 above, and further in view of Huang et al. (US 10932147). For Claim 4, Hu as modified by Li above further teaches the measurement method, and performing the mobility measurement according to the first indication information and the configuration information comprises: receiving a first corresponding relationship, configured by the network side device, between an SMTC in a measurement object (MO) and the measurement Gap configurations (see paragraphs 82-83, 85); determining a target measurement Gap configuration from the M measurement Gap configurations according to the target SMTC and the first corresponding relationship (see paragraphs 82-83, 85); and performing the mobility measurement according to the target measurement Gap configuration and the target SMTC (see paragraphs 82-83, 85). The references as applied above are not explicit as to, but Huang teaches that the first indication information indicates a target SMTC in a target measurement object (MO) for which the terminal device performing the mobility measurement (see claim 1: target measurement objects have respective SMTC measurement gap overlap). Thus it would have been obvious to one of ordinary skill in the art at the time the application was filed to indicate the SMTC as in Huang when implementing the method of Hu and Li. The motivation would be to ensure optimal measurements. Claim(s) 5 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 2023/0047684) and Li et al. (US 2023/0345276) as applied to claims 1 and 7 above, and further in view of Manolakos et al. (US 2022/0086675). For Claim 5, the references as applied above are not explicit as to, but Manolakos teaches the measurement method, further comprising: reporting second indication information of the terminal device to the network side device, wherein the second indication information is configured to indicate that the network side device updates the measurement Gap configurations (see paragraphs 20, 229); and receiving updated measurement Gap configurations configured by the network side device according to the second indication information (see paragraphs 20, 229). Thus it would have been obvious to one of ordinary skill in the art at the time the application was filed to provide for updates to the measurement configuration as in Manolakos when implementing the method of Hu and Li. The motivation would be to ensure optimal measurement parameters as the network environment changes. For Claim 11, the references as applied above are not explicit as to, but Manolakos teaches the measurement method, further comprising: receiving second indication information reported by the terminal device, wherein the second indication information is configured to indicate that the network side device updates the measurement Gap configurations (see paragraphs 20, 229); and configuring updated measurement Gap configurations according to the second indication information (see paragraphs 20, 229). Thus it would have been obvious to one of ordinary skill in the art at the time the application was filed to provide for updates to the measurement configuration as in Manolakos when implementing the method of Hu and Li. The motivation would be to ensure optimal measurement parameters as the network environment changes. Claim(s) 6 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 2023/0047684) and Li et al. (US 2023/0345276) as applied to claims 1, 3, 7, and 0 above, and further in view of Park et al. (US 2023/0224748). For Claim 6, the references as applied above are not explicit as to, but Park teaches the measurement method, further comprising: reporting third indication information of the terminal device to the network side device, wherein the third indication information is configured to indicate that the network side device updates the measurement Gap configurations and the first corresponding relationship (see paragraph 166); and receiving updated measurement Gap configurations and a second corresponding relationship which are configured by the network side device according to the third indication information (see paragraph 166). Thus it would have been obvious to one of ordinary skill in the art to allow for updates as in Park when implementing the method of Hu and Li. . The motivation would be to ensure optimal measurement parameters as the network environment changes. For Claim 12, the references as applied above are not explicit as to, but Park teaches the measurement method, further comprising: receiving third indication information reported by the terminal device, wherein the third indication information is configured to indicate that the network side device updates the measurement Gap configurations and the first corresponding relationship (see paragraph 166); and configuring updated measurement Gap configurations and a second corresponding relationship according to the third indication information (see paragraph 166). Thus it would have been obvious to one of ordinary skill in the art to allow for updates as in Park when implementing the method of Hu and Li. . The motivation would be to ensure optimal measurement parameters as the network environment changes. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fu (US 2022/0353714), Yiu et al. (US 2018/0034598), Cui et al. (US 2024/0413898), and Yerramalli et al. (US 2023/0362699) teach signaling relating to measurement gap configuration. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSANDRA L DECKER whose telephone number is (571)270-3946. The examiner can normally be reached 7:30 am - 4:00 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, Faruk Hamza can be reached at 571-272-7969. 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. /CASSANDRA L DECKER/Examiner, Art Unit 2466 6/29/2026 /FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
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Prosecution Timeline

Aug 14, 2024
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
88%
With Interview (+16.1%)
3y 2m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 486 resolved cases by this examiner. Grant probability derived from career allowance rate.

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