Prosecution Insights
Last updated: October 02, 2026
Application No. 18/840,240

LATENCY SAVING DESIGN AND TRIGGER FOR MAC CE FOR MEASUREMENT GAP

Non-Final OA §103
Filed
Aug 21, 2024
Priority
Feb 21, 2022 — provisional 63/312,281 +1 more
Examiner
NGUYEN, ANH NGOC M
Art Unit
Tech Center
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
725 granted / 806 resolved
+30.0% vs TC avg
Moderate +8% lift
Without
With
+7.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
15 currently pending
Career history
818
Total Applications
across all art units

Statute-Specific Performance

§101
11.9%
-28.1% vs TC avg
§103
42.6%
+2.6% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
18.0%
-22.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 806 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. Claims 1, 2, 4, 5, 11, 12, 14, 15, 21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Kanamarlapudi et al. (Pub. No.: US 2022/0141842; hereinafter Kanamarlapudi) in view of Li (Pub. No.: US 2025/0031082; hereinafter Li). Regarding claim 1, Kanamarlapudi discloses a method performed by a User Equipment, UE, for requesting gap status change, the method comprising: generating a Medium Access Control, MAC, Control Element, CE (see para. 0067, a MAC-CE may be generated); receiving an indication from a base station granting permission to the UE to trigger a scheduling request (see Fig. 6, para. 0068, 0070, based on the uplink grants received at 615, the UE may transmit a scheduling request 624 to base station 606); acquiring an uplink grant by triggering the scheduling request (see Fig. 6, para. 0070, the base station 606 may send an uplink grant 626 to the UE 602 after receiving the scheduling request 624); and after acquiring the uplink grant, transmitting the MAC CE (see Fig. 6, para. 0070, the base station 606 (or 604) may send an uplink grant 626 to the UE 602 including configured resources for the uplink transmission, and the UE may subsequently send a BSR 628 to the corresponding base station in the configured resources, para. 0067, the UE may transmit the BSR (e.g. in a MAC-CE)). Kanamarlapudi does not disclose the following claimed features: regarding claim 1, a Medium Access Control, MAC, Control Element, CE, that indicates a preference for a Measurement Gap, MG, state. Regarding claim 1, Li discloses a Medium Access Control, MAC, Control Element, CE, that indicates a preference for a Measurement Gap, MG, state (see para. 0054, a media access control (MAC) control element (CE) of a MAC layer is considered to be used to request the RAN device 101 to activate/deactivate the measurement gap). It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of Kanamarlapudi, and have the features, as taught by Li, to use a media access control (MAC) control element (CE) of a MAC layer to request the network to activate the measurement gap in order to reduce positioning delay, as discussed by Li (para. 0003). Regarding claim 2, Kanamarlapudi discloses further comprising: prior to generating the MAC CE, determining if the UE is permitted to send the MAC CE (see para. 0067, …until the UE receives an uplink grant from the serving base station (e.g. eNB 504 or gNB 506), in response to which the UE may transmit the BSR (e.g. in a MAC-CE)). Kanamarlapudi does not disclose the claimed features as recited in claims 4 and 5. Regarding claim 4, Li discloses wherein determining if the UE is permitted to send the MAC CE comprises: determining if the scheduling request for a Positioning Measurement Gap Activation/Deactivation Request is configured (see para. 0054, The process of requesting and obtaining the measurement gap by the terminal device 103…a media access control (MAC) control element (CE) of a MAC layer is considered to be used to request the RAN device 101 to activate/deactivate the measurement gap to reduce the positioning delay). Regarding claim 5, Li discloses wherein triggering the scheduling request comprises: triggering the scheduling request for the Positioning Measurement Gap Activation/Deactivation Request for the MAC CE (see para. 0054, The process of requesting and obtaining the measurement gap by the terminal device 103…a media access control (MAC) control element (CE) of a MAC layer is considered to be used to request the RAN device 101 to activate/deactivate the measurement gap to reduce the positioning delay). It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of Kanamarlapudi, and have the features, as taught by Li, to use a media access control (MAC) control element (CE) of a MAC layer to request the network to activate the measurement gap in order to reduce positioning delay, as discussed by Li (para. 0003). Regarding claim 11, Kanamarlapudi discloses a method performed by a network node, for controlling a gap status change request by a User Equipment, UE, the method comprising: providing an indication, to the UE, granting permission to the UE to trigger a scheduling request (see Fig. 6, para. 0068, 0070, based on the uplink grants received at 615, the UE may transmit a scheduling request 624 to base station 606) for purposes of transmitting a Medium Access Control, MAC, Control Element, CE; and receiving, from the UE, the MAC CE (see Fig. 6, para. 0070, the base station 606 (or 604) may send an uplink grant 626 to the UE 602 including configured resources for the uplink transmission, and the UE may subsequently send a BSR 628 to the corresponding base station in the configured resources, para. 0067, the UE may transmit the BSR (e.g. in a MAC-CE)). Kanamarlapudi does not disclose the following claimed features: regarding claim 11, a Medium Access Control, MAC, Control Element, CE, that indicates a preference for a Measurement Gap, MG, state. Regarding claim 11, Li discloses a Medium Access Control, MAC, Control Element, CE, that indicates a preference for a Measurement Gap, MG, state (see para. 0054, a media access control (MAC) control element (CE) of a MAC layer is considered to be used to request the RAN device 101 to activate/deactivate the measurement gap). It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of Kanamarlapudi, and have the features, as taught by Li, to use a media access control (MAC) control element (CE) of a MAC layer to request the network to activate the measurement gap in order to reduce positioning delay, as discussed by Li (para. 0003). Regarding claim 12, Kanamarlapudi discloses further comprising: prior to providing the indication, determining if the UE is permitted to send the MAC CE (see para. 0067, …until the UE receives an uplink grant from the serving base station (e.g. eNB 504 or gNB 506), in response to which the UE may transmit the BSR (e.g. in a MAC-CE)). Kanamarlapudi does not disclose the claimed features as recited in claims 14 and 15. Regarding claim 14, Li discloses wherein determining if the UE is permitted to send the MAC CE comprises: determining if the scheduling request for a Positioning Measurement Gap Activation/Deactivation Request is configured (see para. 0054, The process of requesting and obtaining the measurement gap by the terminal device 103…a media access control (MAC) control element (CE) of a MAC layer is considered to be used to request the RAN device 101 to activate/deactivate the measurement gap to reduce the positioning delay). Regarding claim 15, Li discloses triggering the scheduling request comprises: triggering the scheduling request for the Positioning Measurement Gap Activation/Deactivation Request for the MAC CE (see para. 0054, The process of requesting and obtaining the measurement gap by the terminal device 103…a media access control (MAC) control element (CE) of a MAC layer is considered to be used to request the RAN device 101 to activate/deactivate the measurement gap to reduce the positioning delay). It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of Kanamarlapudi, and have the features, as taught by Li, to use a media access control (MAC) control element (CE) of a MAC layer to request the network to activate the measurement gap in order to reduce positioning delay, as discussed by Li (para. 0003). Regarding claim 21, Kanamarlapudi discloses a User Equipment, UE, for requesting a gap status change, comprising: processing circuitry (see Fig. 2, UE 350 includes a controller/processor 359) configured to perform the steps of: generating a Medium Access Control, MAC, Control Element, CE (see para. 0067, a MAC-CE may be generated); receiving an indication from a base station granting permission to the UE to trigger a scheduling request (see Fig. 6, para. 0068, 0070, based on the uplink grants received at 615, the UE may transmit a scheduling request 624 to base station 606); acquiring an uplink grant by triggering the scheduling request (see Fig. 6, para. 0070, the base station 606 may send an uplink grant 626 to the UE 602 after receiving the scheduling request 624); and after acquiring the uplink grant, transmitting the MAC CE (see Fig. 6, para. 0070, the base station 606 (or 604) may send an uplink grant 626 to the UE 602 including configured resources for the uplink transmission, and the UE may subsequently send a BSR 628 to the corresponding base station in the configured resources, para. 0067, the UE may transmit the BSR (e.g. in a MAC-CE)). Kanamarlapudi does not disclose the following claimed features: regarding claim 21, a Medium Access Control, MAC, Control Element, CE, that indicates a preference for a Measurement Gap, MG, state. Regarding claim 21, Li discloses a Medium Access Control, MAC, Control Element, CE, that indicates a preference for a Measurement Gap, MG, state (see para. 0054, a media access control (MAC) control element (CE) of a MAC layer is considered to be used to request the RAN device 101 to activate/deactivate the measurement gap). It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of Kanamarlapudi, and have the features, as taught by Li, to use a media access control (MAC) control element (CE) of a MAC layer to request the network to activate the measurement gap in order to reduce positioning delay, as discussed by Li (para. 0003). Regarding claim 23, Kanamarlapudi discloses a network node, for controlling a gap status change request by a User Equipment, UE, comprising: processing circuitry (see Fig. 3, base station 310 includes a controller/processor 375) configured to: provide an indication, to the UE, granting permission to the UE to trigger a scheduling request (see Fig. 6, para. 0068, 0070, based on the uplink grants received at 615 from the base station 606, the UE may transmit a scheduling request 624 to base station 606) for purposes of transmitting a Medium Access Control, MAC, Control Element, CE; receive, from the UE, the MAC CE (see Fig. 6, para. 0070, the base station 606 (or 604) may send an uplink grant 626 to the UE 602 including configured resources for the uplink transmission, and the UE may subsequently send a BSR 628 to the corresponding base station in the configured resources, para. 0067, the UE may transmit the BSR (e.g. in a MAC-CE)). Kanamarlapudi does not disclose the following claimed features: regarding claim 23, a Medium Access Control, MAC, Control Element, CE, that indicates a preference for a Measurement Gap, MG, state. Regarding claim 23, Li discloses a Medium Access Control, MAC, Control Element, CE, that indicates a preference for a Measurement Gap, MG, state (see para. 0054, a media access control (MAC) control element (CE) of a MAC layer is considered to be used to request the RAN device 101 to activate/deactivate the measurement gap). It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of Kanamarlapudi, and have the features, as taught by Li, to use a media access control (MAC) control element (CE) of a MAC layer to request the network to activate the measurement gap in order to reduce positioning delay, as discussed by Li (para. 0003). Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kanamarlapudi et al. (Pub. No.: US 2022/0141842; hereinafter Kanamarlapudi) in view of Li (Pub. No.: US 2025/0031082; hereinafter Li) and further in view of Hoang et al. (Pub. No.: US 2025/0142292; hereinafter Hoang). Kanamarlapudi and Li do not disclose the claimed features as recited in claims 3 and 13. Regarding claim 3, Hoang discloses wherein the preference for the MG state comprises: one gap identification, ID, and activation/deactivation (see para. 0305, The T-WTRU may send a request to A-WTRUs or network (e.g., LMF, gNB) to deactivate the measurement gap. The T-WTRU may include an ID to indicate which measurement gap should be deactivated). Regarding claim 13, Hoang discloses wherein the preference for the MG state comprises: one gap identification, ID, and activation/deactivation (see para. 0305, The T-WTRU may send a request to A-WTRUs or network (e.g., LMF, gNB) to deactivate the measurement gap. The T-WTRU may include an ID to indicate which measurement gap should be deactivated). It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of Kanamarlapudi and Li, and have the features, as taught by Hoang, for the WTRU to perform Mode 2, the WTRU may perform sensing by decoding SCI from other WTRUs before selecting the sidelink resources to avoid selecting the resources reserved by other WTRUs, as discussed by Hoang (para. 0084), thereby to provide an efficient communication system. Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kanamarlapudi et al. (Pub. No.: US 2022/0141842; hereinafter Kanamarlapudi) in view of Li (Pub. No.: US 2025/0031082; hereinafter Li) and further in view of Abraham et al. (Pub. No.: US 2025/0063414; hereinafter Abraham). Kanamarlapudi and Li do not disclose the claimed features as recited in claims 6 and 16. Regarding claim 6, Abraham discloses wherein the MAC CE includes one or more of: an Activation/Deactivation, A/D, field for specifying activation or deactivation of the MG state (see para. 0012 – 0013, Fig. 8, MAC CE: Gap Activation with header including logical channel identifier and eight bits of information to identify the gap to be activated); a bitmap with each bit of the bitmap corresponding to a respective gap index; and a prohibit timer that indicates the UE should not send the MAC CE again until the prohibit timer has expired. Regarding claim 16, Abraham discloses wherein the MAC CE includes an Activation/Deactivation, A/D, field for specifying activation or deactivation of the MG state (see para. 0012 – 0013, Fig. 8, MAC CE: Gap Activation with header including logical channel identifier and eight bits of information to identify the gap to be activated). It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of Kanamarlapudi and Li, and have the features, as taught by Abraham, in order to provide a method and a wireless network for activating and deactivating gaps in the wireless network to be used for resolving the Hybrid Automatic Repeat Request, (HARQ) NACK-to-ACK errors, as discussed by Abraham (para. 0008). Allowable Subject Matter Claims 9, 10, and 17 – 20 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anh Ngoc M Nguyen whose telephone number is (571) 270-5139. The examiner can normally be reached on Monday to Friday, from 7:30 am to 4:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kwang Bin Yao can be reached on ((571) 272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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 . Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANH NGOC M NGUYEN/Primary Examiner, Art Unit 2473
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Prosecution Timeline

Aug 21, 2024
Application Filed
Sep 14, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
98%
With Interview (+7.5%)
2y 6m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 806 resolved cases by this examiner. Grant probability derived from career allowance rate.

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