Prosecution Insights
Last updated: October 23, 2026
Application No. 18/899,734

METHOD AND DEVICE FOR MULTI-SIM UE TO MANAGE COLLIDING GAPS IN NEXT GENERATION MOBILE COMMUNICATION SYSTEM

Non-Final OA §103
Filed
Sep 27, 2024
Priority
Sep 27, 2023 — RE 10-2023-0130527 +1 more
Examiner
MATTIS, JASON E
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 3m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
688 granted / 893 resolved
+19.0% vs TC avg
Strong +18% interview lift
Without
With
+17.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
20 currently pending
Career history
929
Total Applications
across all art units

Statute-Specific Performance

§101
4.6%
-35.4% vs TC avg
§103
53.8%
+13.8% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 893 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. Claims 1-5, 7-10, 12-15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (U.S. Publication US 2024/0236945 A1) in view of Cha et al. (U.S. Publication US 2023/0224890 A1). With respect to claims 1 and 12, Kim et al. discloses a user equipment (UE) in a wireless communication system, the UE comprising: a transceiver; and a controller coupled with the transceiver and configured to perform a method (See the abstract, paragraph 61, paragraphs 77-79, paragraph 136 and Figures 1, 2, and 11 of Kim et al. for reference to a communication system including a first wireless device, which may be a UE, comprising a transceiver and a processor, which acts as a controller, coupled with the transceiver and configured to perform a method of the UE). Kim et al. also discloses receiving, from a base station, a radio resource control (RRC) message for configuring the UE to provide a preference for a multi-universal subscriber identity module (MUSIM) gap and a MUSIM gap (See paragraph 61, paragraphs 153-154, paragraph 161, paragraphs 172-177, and Figure 11 of Kim et al. for reference to the UE receiving an RRC reconfiguration message from a network, i.e. from a base station 200, including a musim-GapAssistanceConfig, which is a configuration for the UE to report assistance information regarding a MUSIM gap). Kim et al. further discloses identifying whether to initiate a transmission of a UE assistance information message for providing first preference information on the MUSIM gap priority or second preference information indicating to keep all colliding MUSIM gaps based on a timer T346h (See paragraphs 172-177, paragraph 197-200, and Figure 11 of Kim et al. for reference to the UE determining it is configured to provide the MUSIM assistance information if the UE has preference on the MUSIM gap, i.e. first preference information, and a T346h timer is not running). Kim et al. also discloses in case that the timer T346h is not running, initiating the transmission of the UE assistance information message for providing the first preference information or the second preference information (See paragraphs 197-200 and Figure 11 of Kim et al. for reference to transmitting assistance information including a current musim-GapPreferenceList, i.e. first preference information, if the T346h timer is not running). Although Kim et al. does disclose providing preference information on MUSIM gaps, Kim et al. does not specifically disclose the preference information indicating a MUSIM gap priority. However, Cha et al., in the field of communications, discloses a UE transmitting, to a network, MUSIM gap information related to one or more gaps requested by the UE and MUSIM gap priority information for the one or more gaps (See paragraphs 206-212, paragraphs 217-219, and Figure 11 of Cha et al.). Providing MUSIM gap priority information has the advantage of avoiding inefficiency of a MUSIM UE at another network (See paragraph 206 of Cha et al. for reference to this advantage). Thus, it would have been obvious for one of ordinary skill in the art at the time of effective filing, when presented with the work of Cha et al., to combine providing MUSIM gap priority information, as suggested by Cha et al., within the system and method of Kim et al., with the motivation being to avoid inefficiency of a MUSIM UE at another network. With respect to claims 2 and 13, Kim et al. discloses wherein the UE initiates the transmission of the UE assistance information message to provide the first preference information or the second preference information, in case that the UE has a preference on the MUSIM gap and the UE did not transmit the UE assistance information message with the first preference information, and the timer T346h is not running (See paragraphs 197-200 and Figure 11 of Kim et al. for reference to the UE transmitting the assistance information regarding MUSIM gaps if the UE has preference on the MUSIM gaps and the UE did not transmit an assistance information since it was configured to provide MUSIM assistance information and the T346h timer is not running). With respect to claims 3 and 14, Kim et al. discloses wherein the UE initiates the transmission of the UE assistance information message to provide the first preference information or the second preference information, in case that current first preference information or second preference information is different from the one indicated in a last transmission of the UE assistance information message and the timer T346h is not running (See paragraphs 197-200 and Figure 11 of Kim et al. for reference to the UE transmitting the assistance information regarding MUSIM gaps if the current musim-GapPreferenceList is different from the one indicated in a last transmission of the assistance information and the T346h timer is not running). With respect to claim 4, Kim et al. discloses starting the timer T346h (See paragraphs 197-200 of Kim et al. for reference to starting the T346h timer). With respect to claim 5, Kim et al. discloses wherein the timer T346h is a prohibit timer associated with reporting the preference on the MUSIM gap, and wherein the timer T346h starts upon transmitting the UE assistance information message with at least one the first preference information, the second preference information, or third preference information on the MUSIM gap and a related MUSIM gap configuration (See paragraphs 197-200 of Kim et al. for reference to the T346h timer being set to a musim-GapProhibitTimer associated with reporting the assistance information on the MUSIM gaps, wherein the T346h timer is started after transmitting the assistance information). With respect to claim 15, Kim et al. discloses starting the timer T346h (See paragraphs 197-200 of Kim et al. for reference to starting the T346h timer). Kim et al. also discloses wherein the timer T346h is a prohibit timer associated with reporting the preference on the MUSIM gap, and wherein the timer T346h starts upon transmitting the UE assistance information message with at least one the first preference information, the second preference information, or third preference information on the MUSIM gap and a related MUSIM gap configuration (See paragraphs 197-200 of Kim et al. for reference to the T346h timer being set to a musim-GapProhibitTimer associated with reporting the assistance information on the MUSIM gaps, wherein the T346h timer is started after transmitting the assistance information). With respect to claim 7 and 17, Kim et al. discloses a base station in a wireless communication system, the base station comprising: a transceiver; and a controller coupled with the transceiver and configured to perform a method (See the abstract, paragraph 61, paragraphs 77-79, paragraph 136 and Figures 1, 2, and 11 of Kim et al. for reference to a communication system including a base station, which may be a second wireless device, comprising a transceiver and a processor, which acts as a controller, coupled with the transceiver and configured to perform a method of the base station). Kim et al. also discloses transmitting, to a user equipment (UE), a radio resource control (RRC) message for configuring the UE to provide a preference for a multi-universal subscriber identity module (MUSIM) gap and a MUSIM gap (See paragraph 61, paragraphs 153-154, paragraph 161, paragraphs 172-177, and Figure 11 of Kim et al. for reference to the network, i.e. base station 200, transmitting an RRC reconfiguration message to UE including a musim-GapAssistanceConfig, which is a configuration for the UE to report assistance information regarding a MUSIM gap). Kim et al. further discloses receiving, from the UE, a UE assistance information message including at least one first preference information on the MUSIM gap priority or second preference information indicating to keep all colliding MUSIM gaps (See paragraphs 172-177, paragraph 197-200, and Figure 11 of Kim et al. for reference to the UE determining it is configured to provide the MUSIM assistance information if the UE has preference on the MUSIM gap, i.e. first preference information, and a T346h timer is not running, wherein the base station receives the MUSIM assistance information from the UE). Kim et al. also discloses wherein the UE assistance information message including the at least one first preference information or second preference information is received in case that a timer T346h is not running (See paragraphs 197-200 and Figure 11 of Kim et al. for reference to the base station reveiving the assistance information including a current musim-GapPreferenceList, i.e. first preference information, transmitted from the UE if the T346h timer is not running). Although Kim et al. does disclose providing preference information on MUSIM gaps, Kim et al. does not specifically disclose the preference information indicating a MUSIM gap priority. However, Cha et al., in the field of communications, discloses a UE transmitting, to a network, MUSIM gap information related to one or more gaps requested by the UE and MUSIM gap priority information for the one or more gaps (See paragraphs 206-212, paragraphs 217-219, and Figure 11 of Cha et al.). Providing MUSIM gap priority information has the advantage of avoiding inefficiency of a MUSIM UE at another network (See paragraph 206 of Cha et al. for reference to this advantage). Thus, it would have been obvious for one of ordinary skill in the art at the time of effective filing, when presented with the work of Cha et al., to combine providing MUSIM gap priority information, as suggested by Cha et al., within the system and method of Kim et al., with the motivation being to avoid inefficiency of a MUSIM UE at another network. With respect to claims 8 and 18, Kim et al. discloses wherein the base station receives the UE assistance information message including the at least one first preference information or the second preference information, in case that the UE has a preference on the MUSIM gap and the base did not receive the UE assistance information message with the first preference information, and the timer T346h is not running (See paragraphs 197-200 and Figure 11 of Kim et al. for reference to the UE transmitting, to the base station, the assistance information regarding MUSIM gaps if the UE has preference on the MUSIM gaps and the UE did not transmit an assistance information since it was configured to provide MUSIM assistance information and the T346h timer is not running). With respect to claims 9 and 19, Kim et al. discloses wherein the base station receives the UE assistance information message including the first preference information or the second preference information, in case that current first preference information or second preference information is different from the one indicated in a last reception of the UE assistance information message and the timer T346h is not running (See paragraphs 197-200 and Figure 11 of Kim et al. for reference to the UE transmitting the assistance information regarding MUSIM gaps if the current musim-GapPreferenceList is different from the one indicated in a last transmission of the assistance information and the T346h timer is not running). With respect to claim 10, Kim et al. discloses wherein the timer T346h is a prohibit timer associated with reporting the preference on the MUSIM gap, and wherein the timer T346h starts upon transmitting the UE assistance information message with at least one the first preference information, the second preference information, or third preference information on the MUSIM gap and a related MUSIM gap configuration (See paragraphs 197-200 of Kim et al. for reference to the T346h timer being set to a musim-GapProhibitTimer associated with reporting the assistance information on the MUSIM gaps, wherein the T346h timer is started after transmitting the assistance information). Claims 6, 11, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. in view of Cha et al., and in further view of R4-2314465 titled “LS on Dual Tx/Rx Multi-SIM” (as cited by the Applicant’s IDS filed 9/27/2026). With respect to claims 6 and 16, Kim et al. discloses in case that the UE has a preference for the MUSIM gap priority, including the first preference information in the UE assistance information message (See paragraphs 172-177, paragraph 197-200, and Figure 11 of Kim et al. for reference to the UE determining it is configured to provide the MUSIM assistance information if the UE has preference on the MUSIM gap, i.e. first preference information, and a T346h timer is not running). Kim et al. does not specifically disclose identifying whether the UE has a preference to keep all colliding MUSIM gaps; and in case that the UE has the preference to keep all colliding MUSIM gaps, including the second preference information in the UE assistance information message. With respect to claims 11 and 20, Kim et al. discloses wherein the timer T346h is a prohibit timer associated with reporting the preference on the MUSIM gap, and wherein the timer T346h starts upon transmitting the UE assistance information message with at least one the first preference information, the second preference information, or third preference information on the MUSIM gap and a related MUSIM gap configuration (See paragraphs 197-200 of Kim et al. for reference to the T346h timer being set to a musim-GapProhibitTimer associated with reporting the assistance information on the MUSIM gaps, wherein the T346h timer is started after transmitting the assistance information). Kim et al. does not specifically disclose wherein the second preference information is included in the UE assistance information message in case that the first preference information is included in the UE assistance information message. With further respect to claims 6, 11, 16, and 20, R4-2314465, in the field of communications, discloses that signaling regarding MUSIM gap preferences may include both a priority based solution indicating MUSIM gap priorities and a “Keep” solution indicating a preference to keep all collided MUSIM gaps (See section 1 of R4-2314465). Indicating preference on both MUSIM gap priorities and a preference to keep all collided MUSIM gaps has the advantage allowing the UE more control over the MUSIM gaps. Thus, it would have been obvious for one of ordinary skill in the art at the time of effective filing, when presented with the work of R4-2314465, to combine indicating preference on both MUSIM gap priorities and a preference to keep all collided MUSIM gaps, as suggested by R4-2314465, within the system and method of Kim et al., with the motivation being to allow the UE more control over the MUSIM gaps. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason E Mattis whose telephone number is (571)272-3154. The examiner can normally be reached M-F 7:00am-4:30pm. 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, Huy Vu can be reached at 571-2723155. 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. /JASON E MATTIS/Primary Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Sep 27, 2024
Application Filed
Sep 28, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12764550
CITIZENS BROADBAND RADIO SERVICE CHANNEL SELECTION FOR CELLULAR COMMUNICATION NETWORKS
3y 7m to grant Granted Oct 13, 2026
Patent 12756447
Beam Failure Recovery Method, Apparatus, and Device for Multi-Transmission and Receiving Points, and Readable Storage Medium
2y 12m to grant Granted Oct 06, 2026
Patent 12756431
CYCLIC SHIFT DIVERSITY-BASED COMMUNICATION METHOD, APPARATUS, AND SYSTEM
3y 1m to grant Granted Oct 06, 2026
Patent 12700973
HYBRID AUTOMATIC REPEAT REQUEST FEEDBACK FOR MULTICAST
3y 8m to grant Granted Aug 04, 2026
Patent 12696257
NETWORK BANDWIDTH ADJUSTMENT AND INDICATION
2y 11m to grant Granted Jul 28, 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
77%
Grant Probability
95%
With Interview (+17.7%)
3y 4m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 893 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