FPS drop/Stutters when Open close Menu

Specs:

• I7 13620H
• 4060 Laptop
• 16gb ram

Power Mode set to TURBO and I have tried with and without BOOST disabled

Plugged in, and using external monitor but have also tried it using the laptop monitor (no change)

All drivers are updated and have been deleted and reinstalled as part of troubleshooting

Settings: 

• All Ultra (terrain Med, Texture Q High)
• Motion Blur OFF
• DLSS Frame Gen (70%)
• Nvidia reflex on + boost
• 1920x1080

Getting real bad stutters when going in and out of menu (GPU usage drops from 92% to 50ish%)

temps are within 68-72 degrees on both CPU and GPU with CPU usage sitting around 40-50%

these stutters only occur when DLSS is on and GPU usage drops below 90% which typically only happens when opening menu and very rarely while driving around 

these stutters can last 1-10 seconds on average has anyone come across this and is there any known solution? FPS drops from 140 down to 40-50 fps.