Prosecution Insights
Last updated: October 01, 2026
Application No. 18/857,361

PRIORITIZATION HANDLING FOR UPLINK GAP

Non-Final OA §103
Filed
Oct 16, 2024
Priority
Apr 24, 2022 — nonprovisional of PCTCN2022088721
Examiner
PEI, PATRICK YIPAO
Art Unit
Tech Center
Assignee
Apple Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1y 3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
26 granted / 31 resolved
+23.9% vs TC avg
Strong +28% interview lift
Without
With
+27.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
18 currently pending
Career history
49
Total Applications
across all art units

Statute-Specific Performance

§103
73.0%
+33.0% vs TC avg
§102
25.5%
-14.5% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 31 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. 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. Claims 1, 6, 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Alvarino et al. US 20190053280 A1 (Foreign Priority August 9, 2017) in view of Manolakos et al. US 20220039135 A1 (Domestic Priority July 30, 2020). Regarding claim 1 (Original), Alvarino discloses a method of a user equipment (UE), comprising: identifying that a first positioning reference signal (PRS) measurement occasion for measuring a PRS (see, PRS subframes may include one or more subframes used by a UE associated with a first cell of a first BS for measuring a PRS, section 0083) transmitted by a network (NW) and an uplink (UL) gap occasion at the UE collide (see, UE may determine that a positioning reference signal (PRS) occasion collides with a channel, section 0041; noted, UE may determine to utilize the measurement gap for PRS measurement, section 0097); performing a first comparison between a first effective periodicity for a first set of PRS measurement occasions and an upper threshold (see, when the PRS reporting occasion periodicity is less than a threshold period, the reporting period determination may be determined as a non-linear function of PRS reporting occasion periodicity, section 0097); wherein the first set of PRS measurement occasions includes the first PRS measurement occasion; and performing, based on a first result from the first comparison, one of: a first procedure comprising dropping the first PRS measurement occasion (see, UE may determine that a PRS occasion that includes the PRS collides with a portion of the channel, and may determine to drop the portion of the channel, the entirety of the channel, and/or the like to enable UE to receive and/or process the PRS, section 0038) and implementing one or more UL gap procedures during the UL gap occasion; and a second procedure comprising dropping the UL gap occasion (see, UE may determine that a PRS occasion that includes the PRS collides with a portion of the channel, and may determine to drop the portion of the channel, the entirety of the channel, and/or the like to enable UE to receive and/or process the PRS, section 0038) and performing a measurement of the PRS during the first PRS measurement occasion (see, PRS subframes may include one or more subframes used by a UE associated with a first cell of a first BS for measuring a PRS from a second, neighbor cell of a second BS, section 0083); wherein the first procedure is performed when the first result from the first comparison is that the first effective periodicity for the first set of PRS measurement occasions is within the upper threshold (see, when the PRS reporting occasion periodicity is less than a threshold period, the reporting period determination may be determined as a non-linear function of PRS reporting occasion periodicity, section 0097). Alvarino discloses all claim limitations but fail to explicitly disclose: wherein the first set of PRS measurement occasions includes the first PRS measurement occasion; and performing, based on a first result from the first comparison, one of: a first procedure comprising dropping the first PRS measurement occasion and implementing one or more UL gap procedures during the UL gap occasion; and a second procedure comprising dropping the UL gap occasion and performing a measurement of the PRS during the first PRS measurement occasion; wherein the first procedure is performed when the first result from the first comparison is that the first effective periodicity for the first set of PRS measurement occasions is within the upper threshold. However Manolakos ‘135 from a similar field of endeavor disclose: wherein the first set of PRS measurement occasions includes the first PRS measurement occasion (see, configuring parameters of a PRS resource set, section 0133 Manolakos ‘135); and performing, based on a first result from the first comparison, one of: a first procedure comprising dropping the first PRS measurement occasion and implementing one or more UL gap procedures during the UL gap occasion (see, a request that includes a flag indicating that the UE is permitted to transmit UL-PRS during a measurement gap, section 0279 Manolakos ‘135); and a second procedure comprising dropping the UL gap occasion and performing a measurement of the PRS during the first PRS measurement occasion; wherein the first procedure is performed when the first result from the first comparison is that the first effective periodicity for the first set of PRS measurement occasions is within the upper threshold. In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the method of Alvarino and with the measurement gap of Manolakos ‘135. The motivation would have been to improve transmission of uplink positioning reference signal (UL-PRS) during the no-downlink-scheduling gaps. Regarding claim 6 (Original), Alvarino discloses a method of a user equipment (UE), comprising: identifying that a first uplink positioning reference signal (UL-PRS) transmission occasion for transmitting a Ul-PRS to a network (NW) (see, PRS subframes may include one or more subframes used by a UE associated with a first cell of a first BS for measuring a PRS, section 0083; noted, an uplink channel (e.g., a PUCCH or a PUSCH) colliding with PRS occasion, section 0088; noted, UL-centric subframe associated with PRS, section 0078) and an uplink (UL) gap occasion at the UE collide (see, UE may determine that a positioning reference signal (PRS) occasion collides with a channel, section 0041; noted, UE may determine to utilize the measurement gap for PRS measurement, section 0097); performing a first comparison between a first effective periodicity for a first set of UL-PRS transmission occasions and an upper threshold (see, when the PRS reporting occasion periodicity is less than a threshold period, the reporting period determination may be determined as a non-linear function of PRS reporting occasion periodicity, section 0097); wherein the first set of UL-PRS transmission occasions includes the first UL-PRS transmission occasion; and performing. Based on a first result from the first comparison, one of: a first procedure comprising dropping the first UL-PRS transmission occasion (see, UE may determine that a PRS occasion that includes the PRS collides with a portion of the channel, and may determine to drop the portion of the channel, the entirety of the channel, and/or the like to enable UE to receive and/or process the PRS, section 0038) and implementing one or more UL gap procedures during the UL gap occasion (see, UE may determine that a PRS occasion that includes the PRS collides with a portion of the channel, and may determine to drop the portion of the channel, the entirety of the channel, and/or the like to enable UE to receive and/or process the PRS, section 0038); and a second procedure comprising dropping the UL gap occasion and performing a transmission of the UL-PRS during the first UL-PRS transmission occasion (see, PRS subframes may include one or more subframes used by a UE associated with a first cell of a first BS for measuring a PRS from a second, neighbor cell of a second BS, section 0083); wherein the first procedure is performed when the first result from the first comparison is that the effective periodicity for the first set of UL-PRS transmission occasions is within the upper threshold(see, when the PRS reporting occasion periodicity is less than a threshold period, the reporting period determination may be determined as a non-linear function of PRS reporting occasion periodicity, section 0097). Alvarino discloses all claim limitations but fail to explicitly disclose: wherein the first set of UL-PRS transmission occasions includes the first UL-PRS transmission occasion; and performing. Based on a first result from the first comparison, one of: a first procedure comprising dropping the first UL-PRS transmission occasion and implementing one or more UL gap procedures during the UL gap occasion; and a second procedure comprising dropping the UL gap occasion and performing a transmission of the UL-PRS during the first UL-PRS transmission occasion; wherein the first procedure is performed when the first result from the first comparison is that the effective periodicity for the first set of UL-PRS transmission occasions is within the upper threshold However Manolakos ‘135 from a similar field of endeavor disclose: wherein the first set of UL-PRS transmission occasions includes the first UL-PRS transmission occasion (see, configuring parameters of a PRS resource set, section 0133 Manolakos ‘135); and performing. Based on a first result from the first comparison, one of: a first procedure comprising dropping the first UL-PRS transmission occasion and implementing one or more UL gap procedures during the UL gap occasion (see, a request that includes a flag indicating that the UE is permitted to transmit UL-PRS during a measurement gap, section 0279 Manolakos ‘135); and a second procedure comprising dropping the UL gap occasion and performing a transmission of the UL-PRS during the first UL-PRS transmission occasion; wherein the first procedure is performed when the first result from the first comparison is that the effective periodicity for the first set of UL-PRS transmission occasions is within the upper threshold In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the method of Alvarino and with the measurement gap of Manolakos ‘135. The motivation would have been to improve transmission of uplink positioning reference signal (UL-PRS) during the no-downlink-scheduling gaps. Alvarino discloses all claim limitations but fail to explicitly disclose: Regarding claim 11 (Original), the method of claim 6, wherein the UL-PRS is a sounding reference signal (SRS). However Manolakos ‘135 from a similar field of endeavor disclose: the method of claim 6, wherein the UL-PRS is a sounding reference signal (SRS) (see, UL-PRS as SRS-for-positioning, section 0098 Manolakos ‘135). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the method of Alvarino and with the SRS of Manolakos ‘135. The motivation would have been to improve transmission of uplink positioning reference signal (UL-PRS) during the no-downlink-scheduling gaps. Regarding claim 12 (Original), Alvarino discloses a method of a user equipment (UE), comprising: identifying that a channel state information (CSI) reporting occasion for transmitting a CSI report to a network (NW) (see, PRS subframes may include one or more subframes used by a UE associated with a first cell of a first BS for measuring a PRS, section 0083) and an uplink (UL) gap occasion at the UE collide (see, UE may determine that a positioning reference signal (PRS) occasion collides with a channel, section 0041; noted, UE may determine to utilize the measurement gap for PRS measurement, section 0097); performing a first comparison between a CSI reference signal (CSI-RS) periodicity for CSI reporting and an upper threshold (see, when the PRS reporting occasion periodicity is less than a threshold period, the reporting period determination may be determined as a non-linear function of PRS reporting occasion periodicity, section 0097); performing a second comparison between a synchronization signal block (SSB) periodicity and the upper threshold; performing, based on at least one of a first result of the first comparison and a second result of the second comparison, one of: a first procedure comprising dropping the UL gap occasion (see, UE may determine that a PRS occasion that includes the PRS collides with a portion of the channel, and may determine to drop the portion of the channel, the entirety of the channel, and/or the like to enable UE to receive and/or process the PRS, section 0038) and performing a transmission of the CSI report during the CSI reporting occasion; and a second procedure comprising dropping the CSI reporting occasion (see, UE may determine that a PRS occasion that includes the PRS collides with a portion of the channel, and may determine to drop the portion of the channel, the entirety of the channel, and/or the like to enable UE to receive and/or process the PRS, section 0038) and implementing one or more UL gap procedures during the UL gap occasion; wherein the first procedure is performed when either: the first result from the first comparison is that the CSI-RS periodicity for CSI reporting is within the upper threshold (see, when the PRS reporting occasion periodicity is less than a threshold period, the reporting period determination may be determined as a non-linear function of PRS reporting occasion periodicity, section 0097); or the second result from the second comparison is that the SSB periodicity is within the upper threshold. Alvarino discloses all claim limitations but fail to explicitly disclose: performing a second comparison between a synchronization signal block (SSB) periodicity and the upper threshold; performing, based on at least one of a first result of the first comparison and a second result of the second comparison, one of: a first procedure comprising dropping the UL gap occasion and performing a transmission of the CSI report during the CSI reporting occasion; and a second procedure comprising dropping the CSI reporting occasion and implementing one or more UL gap procedures during the UL gap occasion; wherein the first procedure is performed when either: the first result from the first comparison is that the CSI-RS periodicity for CSI reporting is within the upper threshold; or the second result from the second comparison is that the SSB periodicity is within the upper threshold. However Manolakos ‘135 from a similar field of endeavor disclose: performing a second comparison between a synchronization signal block (SSB) periodicity and the upper threshold (see, parameters for a second beam for a second reference signal can be derived from information about a first beam where synchronization signal block (SSB)) is received from a base station, section 0051 Manolakos ‘135; reference signals may include synchronization signal blocks (SSBs), section 0105 Manolakos ‘135); performing, based on at least one of a first result of the first comparison and a second result of the second comparison, one of: a first procedure comprising dropping the UL gap occasion and performing a transmission of the CSI report during the CSI reporting occasion (see, configuring parameters of a PRS resource set, section 0133 Manolakos ‘135; noted, parameters for a second beam for a second reference signal can be derived from information about a first beam where synchronization signal block (SSB)) is received from a base station, section 0051 Manolakos ‘135); and a second procedure comprising dropping the CSI reporting occasion and implementing one or more UL gap procedures during the UL gap occasion (see, a request that includes a flag indicating that the UE is permitted to transmit UL-PRS during a measurement gap, section 0279 Manolakos ‘135); wherein the first procedure is performed when either: the first result from the first comparison is that the CSI-RS periodicity for CSI reporting is within the upper threshold; or the second result from the second comparison is that the SSB periodicity is within the upper threshold (see, bandwidth of each BWP should be equal to or greater than the bandwidth of the SSB, but it may or may not contain the SSB, section 0115 Manolakos ‘135). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the method of Alvarino and with the measurement gap of Manolakos ‘135. The motivation would have been to improve transmission of uplink positioning reference signal (UL-PRS) during the no-downlink-scheduling gaps. Claims 2 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Alvarino et al. US 20190053280 A1 (Foreign Priority August 9, 2017) in view of Manolakos et al. US 20220039135 A1 (Domestic Priority July 30, 2020) in view of Wang et al. US 20230254809 A1 (Domestic Priority October 15, 2020). The combination of Alvarino and Manolakos ‘135 discloses all claim limitations but fail to explicitly disclose: Regarding claim 2 (Original), the method of claim 1, further comprising: determining a second effective periodicity for a second set of PRS measurement occasions; wherein the second set of PRS measurement occasions is a subset of the first set of PRS measurement occasions that excludes the first PRS measurement occasion; and performing a second comparison between the second effective periodicity for the second set of PRS measurement occasions and the upper threshold; wherein the performing the one of the first procedure and the second procedure is further based on a second result from the second comparison, and wherein the first procedure is performed when the result from the second comparison is that the second effective periodicity for the second set of PRS measurement occasions is within the upper threshold. However Wang from a similar field of endeavor disclose: the method of claim 1, further comprising: determining a second effective periodicity for a second set of PRS measurement occasions (see, type of positioning reference signal includes at least one of a periodic positioning reference signal, section 0044 Wang); wherein the second set of PRS measurement occasions is a subset of the first set of PRS measurement occasions (see, positioning reference signal that is a subset of another positioning reference signal, section 0037 Wang) that excludes the first PRS measurement occasion (see, information excludes the configuration information corresponding to another positioning reference signal, section 0317 Wang); and performing a second comparison between the second effective periodicity for the second set of PRS measurement occasions and the upper threshold (see, priority indication information of the positioning reference signal, section 0275 Wang); wherein the performing the one of the first procedure and the second procedure is further based on a second result from the second comparison (see, information related to positioning reference signal deciding which action to do, section 0309 Wang), and wherein the first procedure is performed when the result from the second comparison is that the second effective periodicity for the second set of PRS measurement occasions is within the upper threshold (see, positioning reference signals associated with falling within a range, section 0339 Wang). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Alvarino and Manolakos ‘135 with the positioning reference signals of Wang. The motivation would have been to improve transmission of uplink positioning reference signal (UL-PRS) during the no-downlink-scheduling gaps. The combination of Alvarino and Manolakos ‘135 discloses all claim limitations but fail to explicitly disclose: Regarding claim 7 (Original), the method of claim 6, further comprising: determining a second effective periodicity for a second set of UL-PRS transmission occasions; wherein the second set of UL-PRS transmission occasions is a subset of the first set of UL-PRS transmission occasions that excludes the first UL-PRS transmission occasion; and performing a second comparison between the second effective periodicity for the second set of UL-PRS transmission occasions and the upper threshold; wherein the performing the one of the first procedure and the second procedure is further based on a second result from the second comparison, and wherein the first procedure is performed when the result from the second comparison is that the second effective periodicity for the second set of UL-PRS transmission occasions is within the upper threshold. However Wang from a similar field of endeavor disclose: the method of claim 6, further comprising: determining a second effective periodicity for a second set of UL-PRS transmission occasions (see, type of positioning reference signal includes at least one of a periodic positioning reference signal, section 0044 Wang); wherein the second set of UL-PRS transmission occasions is a subset of the first set of UL-PRS transmission occasions (see, positioning reference signal that is a subset of another positioning reference signal, section 0037 Wang) that excludes the first UL-PRS transmission occasion (see, information excludes the configuration information corresponding to another positioning reference signal, section 0317 Wang); and performing a second comparison between the second effective periodicity for the second set of UL-PRS transmission occasions and the upper threshold (see, priority indication information of the positioning reference signal, section 0275 Wang); wherein the performing the one of the first procedure and the second procedure is further based on a second result from the second comparison (see, information related to positioning reference signal deciding which action to do, section 0309 Wang), and wherein the first procedure is performed when the result from the second comparison is that the second effective periodicity for the second set of UL-PRS transmission occasions is within the upper threshold (see, positioning reference signals associated with falling within a range, section 0339 Wang). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Alvarino and Manolakos ‘135 with the positioning reference signals of Wang. The motivation would have been to improve transmission of uplink positioning reference signal (UL-PRS) during the no-downlink-scheduling gaps. Claims 3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Alvarino et al. US 20190053280 A1 (Foreign Priority August 9, 2017) in view of Manolakos et al. US 20220039135 A1 (Domestic Priority July 30, 2020), and in further view of Wang et al. US 20230254809 A1 (Domestic Priority October 15, 2020), and in further view of Han et al. US 20170374638 A1 (Domestic Priority January 26, 2015). The combination of Alvarino, Manolakos ‘135, and Wang discloses all claim limitations but fail to explicitly disclose: Regarding claim 3 (Original), the method of claim 2, further comprising determining the second set of PRS measurement occasions by omitting one or more PRS measurement occasions including the first PRS measurement occasion from the first set of PRS measurement occasions. However Han from a similar field of endeavor disclose: the method of claim 2, further comprising determining the second set of PRS measurement occasions by omitting one or more PRS measurement occasions including the first PRS measurement occasion from the first set of PRS measurement occasions (see, the first and second set of PRS subframes are consecutive downlink subframes, excluding one or more subframes succeeding the first PRS set of subframes and preceding the second set of PRS subframes that each comprises at least one of a primary synchronization signal (PSS) and a secondary synchronization signal (SSS), section 0103 Han). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Alvarino, Manolakos ‘135, and Wang with the excluding of Han. The motivation would have been to improve measurement of PRS resource elements. The combination of Alvarino, Manolakos ‘135, and Wang discloses all claim limitations but fail to explicitly disclose: Regarding claim 8 (Original), the method of claim 7, further comprising determining the second set of UL- PRS transmission occasions by omitting one or more UL-PRS transmission occasions including the first UL-PRS transmission occasion from the first set of UL-PRS transmission occasions. However Han from a similar field of endeavor disclose: the method of claim 7, further comprising determining the second set of UL- PRS transmission occasions by omitting one or more UL-PRS transmission occasions including the first UL-PRS transmission occasion from the first set of UL-PRS transmission occasions (see, the first and second set of PRS subframes are consecutive downlink subframes, excluding one or more subframes succeeding the first PRS set of subframes and preceding the second set of PRS subframes that each comprises at least one of a primary synchronization signal (PSS) and a secondary synchronization signal (SSS), section 0103 Han). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Alvarino, Manolakos ‘135, and Wang with the excluding of Han. The motivation would have been to improve measurement of PRS resource elements. Claims 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Alvarino et al. US 20190053280 A1 (Foreign Priority August 9, 2017) in view of Manolakos et al. US 20220039135 A1 (Domestic Priority July 30, 2020), and in further view of Manolakos et al. US 20210051645 A1 (Foreign Priority August 12, 2019). The combination of Alvarino and Manolakos ‘135 discloses all claim limitations but fail to explicitly disclose: Regarding claim 4 (Original), the method of claim 1, further comprising determining the first effective periodicity for the first set of PRS measurement occasions by applying a muting pattern to a configured PRS periodicity. However Manolakos ‘645 from a similar field of endeavor disclose: the method of claim 1, further comprising determining the first effective periodicity for the first set of PRS measurement occasions by applying a muting pattern to a configured PRS periodicity (see, for a set of configured muting pattern periodicities, the base station can assign a muting pattern across PRS occasions that controls the muting of each subgroup of PRS resources of each PRS resource set of that base station that has the given periodicity, section 0117 Manolakos ‘645). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Alvarino and Manolakos ‘135 with the muting pattern of Manolakos ‘645. The motivation would have been to improve positioning reference signal (PRS) muting pattern of PRS resources. The combination of Alvarino and Manolakos ‘135 discloses all claim limitations but fail to explicitly disclose: Regarding claim 9 (Original), the method of claim 6, further comprising determining the first effective periodicity for the first set of UL-PRS transmission occasions by applying a muting pattern to a configured UL-PRS periodicity. However Manolakos ‘645 from a similar field of endeavor disclose: the method of claim 6, further comprising determining the first effective periodicity for the first set of UL-PRS transmission occasions by applying a muting pattern to a configured UL-PRS periodicity (see, for a set of configured muting pattern periodicities, the base station can assign a muting pattern across PRS occasions that controls the muting of each subgroup of PRS resources of each PRS resource set of that base station that has the given periodicity, section 0117 Manolakos ‘645). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Alvarino and Manolakos ‘135 with the muting pattern of Manolakos ‘645. The motivation would have been to improve positioning reference signal (PRS) muting pattern of PRS resources. Claims 5, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Alvarino et al. US 20190053280 A1 (Foreign Priority August 9, 2017) in view of Manolakos et al. US 20220039135 A1 (Domestic Priority July 30, 2020), and in further view of Takeda et al. US 20230180146 A1 (Domestic Priority December 3, 2021). The combination of Alvarino and Manolakos ‘135 discloses all claim limitations but fail to explicitly disclose: Regarding claim 5 (Original), the method of claim 1, further comprising receiving, from the NW, the upper threshold. However Takeda from a similar field of endeavor disclose: the method of claim 1, further comprising receiving, from the NW, the upper threshold (see, UE may have a network configured upper bound for threshold transmission power for a component carrier, section 0111 Takeda). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Alvarino and Manolakos ‘135 with the upper bound of Takeda. The motivation would have been to improve positioning reference signal (PRS) muting pattern of PRS resources. The combination of Alvarino and Manolakos ‘135 discloses all claim limitations but fail to explicitly disclose: Regarding claim 10 (Original), the method of claim 6, further comprising receiving, from the NW, the upper threshold. However Takeda from a similar field of endeavor disclose: the method of claim 6, further comprising receiving, from the NW, the upper threshold (see, UE may have a network configured upper bound for threshold transmission power for a component carrier, section 0111 Takeda). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Alvarino and Manolakos ‘135 with the upper bound of Takeda. The motivation would have been to improve positioning reference signal (PRS) muting pattern of PRS resources. The combination of Alvarino and Manolakos ‘135 discloses all claim limitations but fail to explicitly disclose: Regarding claim 13 (Original), the method of claim 12, wherein the upper threshold is indicated by the NW. However Takeda from a similar field of endeavor disclose: the method of claim 12, wherein the upper threshold is indicated by the NW (see, UE may have a network configured upper bound for threshold transmission power for a component carrier, section 0111 Takeda). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Alvarino and Manolakos ‘135 with the upper bound of Takeda. The motivation would have been to improve positioning reference signal (PRS) muting pattern of PRS resources. Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Alvarino et al. US 20190053280 A1 (Foreign Priority August 9, 2017) in view of Manolakos et al. US 20220039135 A1 (Domestic Priority July 30, 2020), and in further view of Dalsgaard et al. US 20240098798 A1 (Domestic Priority February 22, 2021). The combination of Alvarino and Manolakos ‘135 discloses all claim limitations but fail to explicitly disclose: Regarding claim 14 (Original), the method of claim 12, wherein the CSI report is for a secondary cell (SCell) activation procedure for a target SCell. However Dalsgaard from a similar field of endeavor disclose: the method of claim 12, wherein the CSI report is for a secondary cell (SCell) activation procedure for a target SCell (see, target SCell is known to UE and semi-persistent CSI-RS is used for CSI reporting, sections 0053-0058 Dalsgaard). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Alvarino and Manolakos ‘135 with the CSI of Dalsgaard. The motivation would have been to shorten delay for SCell activation and reduce latency. The combination of Alvarino and Manolakos ‘135 discloses all claim limitations but fail to explicitly disclose: Regarding claim 15 (Original), the method of claim 14, wherein the target SCell is a frequency range 2 (FR2) cell. However Dalsgaard from a similar field of endeavor disclose: the method of claim 14, wherein the target SCell is a frequency range 2 (FR2) cell (see, SCell covering the frequency range 2, section 0048 Dalsgaard). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Alvarino and Manolakos ‘135 with the CSI of Dalsgaard. The motivation would have been to shorten delay for SCell activation and reduce latency. The combination of Alvarino and Manolakos ‘135 discloses all claim limitations but fail to explicitly disclose: Regarding claim 16 (Original), the method of claim 14, wherein the activation procedure is for one of intra- band frequency range 2 (FR2) carrier aggregation (CA) and inter-band FR2 CA with common beam management (CBM). However Dalsgaard from a similar field of endeavor disclose: the method of claim 14, wherein the activation procedure is for one of intra- band frequency range 2 (FR2) carrier aggregation (CA) (see, FR2 intra-band CA associated with activation, section 0060-0064 Dalsgaard) and inter-band FR2 CA with common beam management (CBM) (see, target SCell associated with band pair with independent beam management, sections 0057-0058 Dalsgaard). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Alvarino and Manolakos ‘135 with the CSI of Dalsgaard. The motivation would have been to shorten delay for SCell activation and reduce latency. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK YIPAO PEI whose telephone number is (703)756-1890. The examiner can normally be reached Monday - Friday 9:30 AM to 5:30 PM ET. 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, Kwang Yao can be reached at (571) 272-3182. 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. /PATRICK YIPAO PEI/Examiner, Art Unit 2473 /KWANG B YAO/Supervisory Patent Examiner, Art Unit 2473
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Prosecution Timeline

Oct 16, 2024
Application Filed
Sep 03, 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
84%
Grant Probability
99%
With Interview (+27.8%)
3y 3m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 31 resolved cases by this examiner. Grant probability derived from career allowance rate.

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