DETAILED ACTION
Applicant’s amendment and arguments filed December 23, 2025 is acknowledged.
Claims 1, 13, 17, 22, 27, 34, 38, 43, 45, 47, 49, 51, and 53 have been amended.
Claims 1-54 are currently pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 23, 2025 has been entered.
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 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 of this title, 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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, 3, 11, 12, 22, 24, 32, 33, 43, and 49 are rejected under 35 U.S.C. 103 as being unpatentable over CAPORAL DEL BARRIO et al. (hereinafter Caporal Del Barrio) (U.S. Patent Application Publication # 2022/0264481 A1) in view of Wu et al. (hereinafter Wu) (U.S. Patent Application Publication # 2019/0069247 A1), and further in view of HIRAI et al. (hereinafter Hirai) (U.S. Patent Application Publication # 2013/0028168 A1).
Regarding claims 1, 22, 43, and 49, Caporal Del Barrio teaches and discloses an apparatus (UE, figures 1-2) for wireless communications by a first user equipment (UE) (UE, figures 1-2), comprising: a processor (processor, figure 2), memory (memory, figure 2) coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to:
monitoring, via one or more sensors of the first UE (sensors of the UE, figures 1-2; [0035]), at least one of a thermal overload condition or an exposure condition associated with a first communication link (link between the eNB and UE; figure 3) between the first UE and a network device (base station, gNB, figure 1) ([0035]; “…Detecting whether the user gets in the vicinity of the antenna may be done based on proximity sensors suitable for human body detection…a UE may determine triggering of a power exposure event, for example a body of a user coming close enough to trigger an MPE limit…”; [0050]; [0061]; teaches the sensors of the UE monitor for a maximum permissible exposure event associated with the link between the eNB and UE);
determining, based at least in part on the monitoring, that at least one of the thermal overload condition or the exposure condition exceeds a corresponding predetermined switch threshold that is for the thermal overload condition or the exposure condition (MPE limit/threshold) ([0033]; [0057]; [0061]; teaches determining, based on the monitoring, the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold).
However, Caporal Del Barrio does not expressly disclose wherein the predetermined switch threshold is associated with switching communication links; establishing a second communication link between the first UE and a second UE, wherein the second UE is configured to operate as a relay UE for communications between the first UE and the network device via the second communication link; and communicating with the network device via the second communication link and the relay UE (although Caporal Del Barrio does suggests variations in the method and embodiments for how to reduce the power exposure of the UE based on monitoring of the MPE event, including performing link balancing by performing handover or switching to a different RAT; [0106] and the network comprises multiple transmission and/or reception points, such as for example one or more remote radio heads or relay nodes, to provide sufficient radio link to UE in any situation; [0041]).
Nonetheless, in the same field of endeavor, Wu teaches and suggests wherein the predetermined switch threshold (preset threshold) is associated with switching communication links ([0114]; [0115]; teaches the preset threshold is associated with switching communication links); establishing the second communication link (relay link; figures 4 and 11) between the first UE (remote UE, figures 4 and 11) and the second UE (relay UE, figures 4 and 11), wherein the second UE is configured to operate as a relay UE for the relay communications between the first UE and the network device via the second communication link; and communicating with the network device via the second communication link and the relay UE in accordance with the relay communications (figure 11; [0143]; [0146]; [0275]-[0277]; teaches establishing a second communication link between a remote UE and a second/relay UE and communicating between the remote UE and the base station via the established second communication link and the second/relay UE, thus reducing power as the remote UE may perform data transmission with an adjacent relay UE without needing to enlarge power to communicate with a base station, which contributes to the reduction of MPE).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate establishing a second communication link between a remote UE and a second/relay UE and communicating between the remote UE and the base station via the established second communication link and the second/relay UE as taught by Wu with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Caporal Del Barrio for the purpose of reducing the power for the UE to communicate with the base station, thus eliminating or reducing the MPE, and avoiding interruption during transmission, as suggested by Wu ([0151]; [0277]).
However, Caporal Del Barrio, as modified by Wu, may not explicitly disclose wherein switching from direct communications with the network device via the first communication link to relay communications with the network device via a second communication link and via a second UE is in response to the predetermined switch threshold being exceeded (although Caporal Del Barrio does teach a MPE limit/threshold related to the exposure condition and Wu does teach a threshold related to channel quality associated with switching communication links).
Nonetheless, in the same field of endeavor, Hirai teaches and suggests wherein switching from direct communications with the network device (base station, figure 1) via the first communication link to relay communications with the network device via a second communication link and via a second UE (100, figure 1) is in response to the predetermined switch threshold being exceeded ([0116]; “…switch between a relay mode and a non-relay mode in response to a user instruction, the relay mode being a mode in which the relaying function is enabled, and the non-relay mode being a mode in which the relaying function is disabled, the first maximum power may be defined so that the SAR value measured at the first location is at or below the predetermined limit when the second wireless communication unit transmits data at the first maximum power by using a predetermined frequency band for CDMA wireless communication, the second maximum power may be defined so that the SAR value measured at the second location is at or below the predetermined limit when the second wireless communication unit transmits data at the second maximum power by using the predetermined frequency band for CDMA wireless communication…”; teaches determining switching to a relay when a Specific Absorption Rate (SAR) limit is detected and met, and wherein the action can include switching communication links between the UE and the network node, including a relay link from a UE to a relay node to the network node).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate determining an action to be taken based on whether a Specific Absorption Rate (SAR) limit is detected or met, and wherein the action can include switching communication links between the UE and the network node, including a relay link from a UE to a relay node to the network node as taught by Hirai with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Caporal Del Barrio, as modified by Wu, for the purpose of reducing power for reducing and limiting RF/radiation exposure, as suggested by Hirai.
Regarding claims 3 and 24, Caporal Del Barrio discloses determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action, but may not explicitly disclose wherein transmitting a need assistance request to the second UE via a pre-established control channel to the second communication link, wherein the need assistance request is a trigger for the second UE to be the relay UE for communications between the first UE and the network device.
Nonetheless, in the same field of endeavor, Wu further teaches and suggests transmitting a need assistance request to the second UE via a pre-established control channel to the second communication link, wherein the need assistance request is a trigger for the second UE to be the relay UE for communications between the first UE and the network device ([0141]; teaches the remote UE transmitting communication to the second/relay UE to establishing and perform communication on the relay link).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the remote UE transmitting communication to the second/relay UE to establishing and perform communication on the relay link as taught by Wu with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Caporal Del Barrio, as modified by Wu and Hirai, for the purpose of reducing the power for the UE to communicate with the base station, thus eliminating or reducing the MPE, and avoiding interruption during transmission, as suggested by Wu ([0151]; [0277]).
Regarding claims 11 and 32, Caporal Del Barrio discloses multiple communication interface and at least one or more antenna array ([0044]), but may not explicitly disclose wherein the first UE uses a first antenna module for the first communication link and uses a second antenna module different from the first antenna module for the second communication link.
Nonetheless, in the same field of endeavor, Wu further teaches and suggests wherein the first UE uses a first antenna module for the first communication link and uses a second antenna module different from the first antenna module for the second communication link (figure 25; [0314]; teaches multiple communication modules associated with a first and second communication link).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate multiple communication modules associated with a first and second communication link as taught by Wu with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Caporal Del Barrio, as modified by Wu and Hirai, for the purpose of reducing the power for the UE to communicate with the base station, thus eliminating or reducing the MPE, and avoiding interruption during transmission, as suggested by Wu ([0151]; [0277]).
Regarding claims 12 and 33, Caporal Del Barrio discloses the communication link is privacy encoded ([0044]), but may not explicitly disclose wherein the communications between the first UE and the network device via the second communication link are security- or privacy-encoded.
Nonetheless, in the same field of endeavor, Wu further teaches and suggests wherein the communications between the first UE and the network device via the second communication link are security- or privacy-encoded ([0069]; [0070]; teaches the second, relay communication link is privacy-encoded sidelink/non-3GPP link).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the second, relay communication link is privacy-encoded sidelink/non-3GPP link as taught by Wu with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Caporal Del Barrio, as modified by Wu and Hirai, for the purpose of reducing the power for the UE to communicate with the base station, thus eliminating or reducing the MPE, and avoiding interruption during transmission, as suggested by Wu ([0151]; [0277]).
Claims 4, 5, 25, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over CAPORAL DEL BARRIO et al. (hereinafter Caporal Del Barrio) (U.S. Patent Application Publication # 2022/0264481 A1) in view of Wu et al. (hereinafter Wu) (U.S. Patent Application Publication # 2019/0069247 A1) and HIRAI et al. (hereinafter Hirai) (U.S. Patent Application Publication # 2013/0028168 A1), and further in view of Ahmad et al. (hereinafter Ahmad) (U.S. Patent Application Publication # 2020/0107381 A1).
Regarding claims 4 and 25, Caporal Del Barrio, as modified by Wu and Hirai, discloses transmitting a ID of a relay UE to the base station, but may not explicitly disclose wherein establishing the second communication link includes: selecting the second UE from a list of available UEs identified in a database.
Nonetheless, in the same field of endeavor, Ahmad teaches and suggests wherein establishing the second communication link includes: selecting the second UE from a list of available UEs identified in a database ([0098]; “…The remote UE 313 may then be adapted to select a specific one of the multiple potential relay UEs in the list to connect to based on certain criteria…”; [0103]; “…The remote UE 313′…may generate a list of the identities of all the available relay UEs…”; teaches selecting from a list of available relay UEs).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate selecting from a list of available UEs as taught by Ahmad with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Caporal Del Barrio, as modified by Wu and Hirai, for the purpose of improving the connection to the base station by selecting the best relay UE among a group of potential relay UEs near the remote UE, as suggested by Ahmad.
Regarding claims 5 and 26, Caporal Del Barrio, as modified by Wu and Hirai, discloses transmitting a ID of a relay UE to the base station, but may not explicitly disclose wherein: selecting the second UE from the list of available UEs is based at least in part on at least one of a location of the second UE, a proximity of the second UE to the first UE, an antenna module and associated radio frequency integrated circuitry used to control the second communication link by the first UE, a direction of a relay link or a beam-related information associated with establishing the second communication link, a data size of a payload to communicate via the second UE, a priority associated with the payload, a link budget associated with the second UE, or combinations thereof.
Nonetheless, in the same field of endeavor, Ahmad further teaches and suggests wherein: selecting the second UE from the list of available UEs is based at least in part on at least one of a location of the second UE, a proximity of the second UE to the first UE ([0098]; [0103]; teaches selecting from a list of available relay UEs based on the proximity of the relay UE to the remote UE).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate selecting from a list of available UEs as taught by Ahmad with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Caporal Del Barrio, as modified by Wu, Hirai, and Ahmad, for the purpose of improving the connection to the base station by selecting the best relay UE among a group of potential relay UEs near the remote UE, as suggested by Ahmad.
Claims 6, 7, 27, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over CAPORAL DEL BARRIO et al. (hereinafter Caporal Del Barrio) (U.S. Patent Application Publication # 2022/0264481 A1) in view of Wu et al. (hereinafter Wu) (U.S. Patent Application Publication # 2019/0069247 A1) and HIRAI et al. (hereinafter Hirai) (U.S. Patent Application Publication # 2013/0028168 A1), and further in view of Huang et al. (hereinafter Huang) (U.S. Patent Application Publication # 2018/0295534 A1).
Regarding claims 6 and 27, Caporal Del Barrio, as modified by Wu and Hirai, discloses determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action, but may not explicitly disclose establishing a third communication link between the first UE and a third UE, wherein the third UE is configured to operate as a second relay UE for communications between the first UE and the base station via the third communication link instead of via either the first communication link or the second communication link; and switching to the third communication link for communications between the first UE and the network device.
Nonetheless, in the same field of endeavor, Huang further teaches and suggests establishing a third communication link between the first UE and a third UE (second relay node), wherein the third UE is configured to operate as a second relay UE (second relay node) for communications between the first UE (UE, figure 1) and the base station (eNB, figure 1) via the third communication link instead of via either the first communication link or the second communication link; and switching to the third communication link for communications between the first UE and the network device ([0015]; [0063]; teaches a second relay node for establishing a connection between a remote node and the second relay node).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a second relay node for establishing a connection between a remote node and the second relay node as taught by Huang with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Caporal Del Barrio, as modified by Wu and Hirai, for the purpose of switching communication via a relay node, as suggested by Huang.
Regarding claims 7 and 28, Caporal Del Barrio, as modified by Wu and Hirai, discloses determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action, but may not explicitly disclose switching back to the first communication link or the second communication link from the third communication link.
Nonetheless, Huang further teaches and suggests switching back to the first communication link or the second communication link from the third communication link ([0015]; [0063]; teaches switching between a first relay node connection and a second relay node connection for establishing a connection between a remote node and the eNB).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate switching between a first relay node connection and a second relay node connection for establishing a connection between a remote node and the eNB as taught by Huang with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Caporal Del Barrio, as modified by Wu and Hirai, for the purpose of switching communication via a relay node, as suggested by Huang.
Claims 8 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over CAPORAL DEL BARRIO et al. (hereinafter Caporal Del Barrio) (U.S. Patent Application Publication # 2022/0264481 A1) in view of Wu et al. (hereinafter Wu) (U.S. Patent Application Publication # 2019/0069247 A1) and HIRAI et al. (hereinafter Hirai) (U.S. Patent Application Publication # 2013/0028168 A1), and further in view of Lan et al. (hereinafter Lan) (U.S. Patent Application Publication # 2019/0356349 A1).
Regarding claims 8 and 29, Caporal Del Barrio, as modified by Wu and Hirai, discloses determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action, but may not explicitly disclose continuing to monitor at least one of the thermal overload condition or the exposure condition after establishing the second communication link; determining, based at least on the continued monitoring, that the thermal overload condition or the exposure condition that exceeded the predetermined switch threshold has mitigated and is lower than a predetermined operation threshold; and switching back to the first communication link based at least in part on the thermal overload condition or the exposure condition that exceeded the predetermined switch threshold being lower than the predetermined operation threshold.
Nonetheless, in the same field of endeavor, Lan teaches and suggests continuing to monitor at least one of the thermal overload condition or the exposure condition (specific absorption rate, SAR) after establishing the second communication link (second communication link via the second antenna); determining, based at least on the continued monitoring, that the thermal overload condition or the exposure condition that exceeded the predetermined switch threshold has mitigated and is lower than a predetermined operation threshold; and switching back to the first communication link (first communication link via the first antenna) based at least in part on the thermal overload condition or the exposure condition that exceeded the predetermined switch threshold being lower than the predetermined operation threshold (abstract; “…transmitting, by the wireless communications device, a radio frequency signal using the first antenna, and stopping using the first antenna and starting transmitting the radio frequency signal using the second antenna when transmit power of the first antenna is greater than first preset power and a first time period elapses to enable the wireless communications device to meet an SAR standard…”; [0019]; “…when the second antenna is switched back to the first antenna after the second time period elapses, the second antenna may be prevented from causing an SAR value of the wireless communications device to exceed a limit…”; [0216]; [0274]; “…the second antenna is switched back to the first antenna to transmit the radio frequency signal. The transmit power of the first antenna is monitored again…”; teaches monitoring the UE for a SAR value related to RF radiation energy on a first link associated with a first antenna and switching to a second link associated with a second antenna when a power/SAR limit is exceeded, and then continuing to monitor the power/SAR value of the first antenna in order to then switch back to the first antenna when the power/SAR value limit is no longer exceeded).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate continuing to monitor the power/SAR value of the first antenna in order to then switch back to the first antenna when the power/SAR value limit is no longer exceeded as taught by Lan with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Caporal Del Barrio, as modified by Wu and Hirai, for the purpose of ensuring communication quality while mitigating SAR, as suggested by Lan.
Claims 9 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over CAPORAL DEL BARRIO et al. (hereinafter Caporal Del Barrio) (U.S. Patent Application Publication # 2022/0264481 A1) in view of Wu et al. (hereinafter Wu) (U.S. Patent Application Publication # 2019/0069247 A1) and HIRAI et al. (hereinafter Hirai) (U.S. Patent Application Publication # 2013/0028168 A1), and further in view of Tenny et al. (hereinafter Tenny) (U.S. Patent Application Publication # 2023/0328511 A1).
Regarding claims 9 and 30, Caporal Del Barrio, as modified by Wu and Hirai, discloses determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action, but may not explicitly disclose wherein the one or more sensors include at least one thermal sensor configured to measure at least one of a UE skin temperature, a core temperature of a user device, a temperature of an antenna module associated with the first communication link, a temperature of a radio frequency integrated circuit associated with the antenna module used to establish the first communication link, or combinations thereof.
Nonetheless, in the same field of endeavor, Tenny teaches and suggests wherein the one or more sensors include at least one thermal sensor configured to measure at least one of a core temperature of a user device ([0045]; [0054]; teaches the UE comprises a thermal sensor for measure the temperature of the device).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the UE comprises a thermal sensor for measure the temperature of the device as taught by Tenny with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Caporal Del Barrio, as modified by Wu and Hirai, for the purpose of determining an overheating condition of the device, as suggested by Tenny.
Claims 10 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over CAPORAL DEL BARRIO et al. (hereinafter Caporal Del Barrio) (U.S. Patent Application Publication # 2022/0264481 A1) in view of Wu et al. (hereinafter Wu) (U.S. Patent Application Publication # 2019/0069247 A1) and HIRAI et al. (hereinafter Hirai) (U.S. Patent Application Publication # 2013/0028168 A1), and further in view of GUAN et al. (hereinafter Guan) (U.S. Patent Application Publication # 2022/0006507 A1).
Regarding claims 10 and 31, Caporal Del Barrio, as modified by Wu and Hirai, discloses determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action, but may not explicitly disclose wherein the one or more sensors include at least one exposure sensor configured to measure radio frequency radiation exposure via at least one of local averaging, spatial averaging, temporal averaging, or combinations thereof.
Nonetheless, in the same field of endeavor, Guan teaches and suggests wherein the one or more sensors (sensor; [0408]) include at least one exposure sensor configured to measure radio frequency radiation exposure via at least one of local averaging, spatial averaging, temporal averaging, or combinations thereof ([0004]; [0034]; [0056]; teaches the UE comprises a sensor for measuring radiation intensity via temporal averaging).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the UE comprises a sensor for measuring radiation intensity via temporal averaging as taught by Guan with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Caporal Del Barrio, as modified by Wu and Hirai, for the purpose of determining the radiation intensity of the UE, as suggested by Guan.
Claims 13, 16-20, 34, 37-41, 45, 47, 48, 51, 53, and 54 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (hereinafter Wu) (U.S. Patent Application Publication # 2019/0069247 A1) in view of CAPORAL DEL BARRIO et al. (hereinafter Caporal Del Barrio) (U.S. Patent Application Publication # 2022/0264481 A1), and further in view of HIRAI et al. (hereinafter Hirai) (U.S. Patent Application Publication # 2013/0028168 A1).
Regarding claims 13, 34, 45, and 51, Wu teaches and discloses a method and an apparatus (base station, figures 4 and 26) for wireless communications by a network device (base station, figures 4 and 26), comprising: a processor (CPU, figure 26), memory (memory, figure 26) coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to:
establishing a first communication link with a first user equipment (UE) (remote UE, figures 4 and 11) (figure 10-11; link between the remote UE and the base station);
establishing a second communication link with a second UE (relay UE, figures 4 and 11) (figure 10-11; link between the relay UE and the base station); and
receiving a message (UE reporting information; figure 11) from the first UE that communications between the first UE and the network device are to be relayed by the second UE via the second communication link (figure 11; [0143]; [0146]; [0275]-[0277]; teaches establishing a second communication link between a remote UE and a second/relay UE and communicating between the remote UE and the base station via the established second communication link and the second/relay UE, thus reducing power as the remote UE may perform data transmission with an adjacent relay UE without needing to enlarge power to communicate with a base station, which contributes to the reduction of MPE), wherein a predetermined threshold (preset threshold) switch threshold is associated with switching communication links ([0114]; [0115]; teaches the preset threshold is associated with switching communication links).
However, Wu does not explicitly disclose the message being based at least in part on a thermal overload condition or an exposure condition associated with the first communication link at the first UE exceeding a corresponding predetermined switch threshold that is for the thermal overload condition or the exposure condition.
Nonetheless, in the same field of endeavor, Caporal Del Barrio teaches and suggests the message being based at least in part on a thermal overload condition or an exposure condition associated with the first communication link at the first UE exceeding a corresponding predetermined switch threshold that is for the thermal overload condition or the exposure condition (MPE limit/threshold) ([0033]; ([0035]; “…Detecting whether the user gets in the vicinity of the antenna may be done based on proximity sensors suitable for human body detection…a UE may determine triggering of a power exposure event, for example a body of a user coming close enough to trigger an MPE limit…”; [0057]; [0061]; teaches determining, based on the monitoring, the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold and communicating the determination to the base station).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate determining, based on the monitoring, the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold and communicating the determination to the base station as taught by Caporal Del Barrio with the method and apparatus establishing a second communication link between a remote UE and a second/relay UE and communicating between the remote UE and the base station via the established second communication link and the second/relay UE, thus reducing power as the remote UE may perform data transmission with an adjacent relay UE without needing to enlarge power to communicate with a base station, which contributes to the reduction of MPE as disclosed by Wu for the purpose of eliminating or reducing the MPE, as suggested by Caporal Del Barrio.
However, Wu, as modified by Caporal Del Barrio, may not explicitly disclose wherein switching from direct communications with the network device via the first communication link to relay communications with the network device via a second communication link and via a second UE is in response to the predetermined switch threshold being exceeded (although Caporal Del Barrio does teach a MPE limit/threshold related to the exposure condition and Wu does teach a threshold related to channel quality associated with switching communication links).
Nonetheless, in the same field of endeavor, Hirai teaches and suggests wherein switching from direct communications with the network device (base station, figure 1) via the first communication link to relay communications with the network device via a second communication link and via a second UE (100, figure 1) is in response to the predetermined switch threshold being exceeded ([0116]; “…switch between a relay mode and a non-relay mode in response to a user instruction, the relay mode being a mode in which the relaying function is enabled, and the non-relay mode being a mode in which the relaying function is disabled, the first maximum power may be defined so that the SAR value measured at the first location is at or below the predetermined limit when the second wireless communication unit transmits data at the first maximum power by using a predetermined frequency band for CDMA wireless communication, the second maximum power may be defined so that the SAR value measured at the second location is at or below the predetermined limit when the second wireless communication unit transmits data at the second maximum power by using the predetermined frequency band for CDMA wireless communication…”; teaches determining switching to a relay when a Specific Absorption Rate (SAR) limit is detected and met, and wherein the action can include switching communication links between the UE and the network node, including a relay link from a UE to a relay node to the network node).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate determining an action to be taken based on whether a Specific Absorption Rate (SAR) limit is detected or met, and wherein the action can include switching communication links between the UE and the network node, including a relay link from a UE to a relay node to the network node as taught by Hirai with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Wu, as modified by Caporal Del Barrio, for the purpose of reducing power for reducing and limiting RF/radiation exposure, as suggested by Hirai.
Regarding claims 16 and 37, Wu, as modified by Caporal Del Barrio and Hirai, further teaches and discloses receiving, from the first UE via the first communication link or the second communication link, an identifier of the second UE ([0027]; [0066]; teaches transmitting a ID of a relay UE to the base station).
Regarding claims 17, 38, 47, and 53, Wu teaches and discloses a method and an apparatus (relay UE, figures 4, 11, and 25) for wireless communications by a user equipment (UE) operating as a relay UE (relay UE, figures 4, 11, and 25), the apparatus comprising: a processor (CPU, figure 25), memory (memory, figure 25)coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to:
establishing a first communication link with a network device (base station, figures 4 and 26) (figure 10-11; link between the relay UE and the base station);
establishing a second communication link with a second UE (remote UE, figures 4 and 11) (figure 10-11; link between the remote UE and the base station), wherein the predetermined threshold switch threshold (preset threshold) is associated with switching communication links ([0114]; [0115]; teaches the preset threshold is associated with switching communication links); and relaying, over the first communication link and the second communication link, data between the second UE and the network device in accordance with the relay communications (figure 11; [0143]; [0146]; [0275]-[0277]; teaches establishing a second communication link between a remote UE and a second/relay UE and communicating between the remote UE and the base station via the established second communication link and the second/relay UE, thus reducing power as the remote UE may perform data transmission with an adjacent relay UE without needing to enlarge power to communicate with a base station, which contributes to the reduction of MPE).
However, Wu does not explicitly disclose the second communication link being established with a third communication link between the second UE and the network device exceeding a corresponding predetermined switch threshold that is for the thermal overload condition or the exposure condition.
Nonetheless, in the same field of endeavor, Caporal Del Barrio teaches and suggests the second communication link being established with a third communication link between the second UE and the network device exceeding a corresponding predetermined switch threshold that is for the thermal overload condition or the exposure condition (MPE limit/threshold) ([0033]; ([0035]; “…Detecting whether the user gets in the vicinity of the antenna may be done based on proximity sensors suitable for human body detection…a UE may determine triggering of a power exposure event, for example a body of a user coming close enough to trigger an MPE limit…”; [0057]; [0061]; teaches determining, based on the monitoring, the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold and communicating the determination to the base station).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate determining, based on the monitoring, the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold and communicating the determination to the base station as taught by Caporal Del Barrio with the method and apparatus establishing a second communication link between a remote UE and a second/relay UE and communicating between the remote UE and the base station via the established second communication link and the second/relay UE, thus reducing power as the remote UE may perform data transmission with an adjacent relay UE without needing to enlarge power to communicate with a base station, which contributes to the reduction of MPE as disclosed by Wu for the purpose of eliminating or reducing the MPE, as suggested by Caporal Del Barrio.
However, Wu, as modified by Caporal Del Barrio, may not explicitly disclose wherein switching from direct communications with the network device via the first communication link to relay communications with the network device via a second communication link and via a second UE is in response to the predetermined switch threshold being exceeded (although Caporal Del Barrio does teach a MPE limit/threshold related to the exposure condition and Wu does teach a threshold related to channel quality associated with switching communication links).
Nonetheless, in the same field of endeavor, Hirai teaches and suggests wherein switching from direct communications with the network device (base station, figure 1) via the first communication link to relay communications with the network device via a second communication link and via a second UE (100, figure 1) is in response to the predetermined switch threshold being exceeded ([0116]; “…switch between a relay mode and a non-relay mode in response to a user instruction, the relay mode being a mode in which the relaying function is enabled, and the non-relay mode being a mode in which the relaying function is disabled, the first maximum power may be defined so that the SAR value measured at the first location is at or below the predetermined limit when the second wireless communication unit transmits data at the first maximum power by using a predetermined frequency band for CDMA wireless communication, the second maximum power may be defined so that the SAR value measured at the second location is at or below the predetermined limit when the second wireless communication unit transmits data at the second maximum power by using the predetermined frequency band for CDMA wireless communication…”; teaches determining switching to a relay when a Specific Absorption Rate (SAR) limit is detected and met, and wherein the action can include switching communication links between the UE and the network node, including a relay link from a UE to a relay node to the network node).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate determining an action to be taken based on whether a Specific Absorption Rate (SAR) limit is detected or met, and wherein the action can include switching communication links between the UE and the network node, including a relay link from a UE to a relay node to the network node as taught by Hirai with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Wu, as modified by Caporal Del Barrio, for the purpose of reducing power for reducing and limiting RF/radiation exposure, as suggested by Hirai.
Regarding claims 18, 39, 48, and 54, Wu further teaches and discloses wherein establishing the second communication link includes: receiving a need assistance request from the second UE via a control channel associated with the second communication link, wherein the need assistance request is a trigger for the relay UE to relay communications between the second UE and the network device ([0141]; teaches the remote UE transmitting communication to the second/relay UE to establishing and perform communication on the relay link), but may not explicitly disclose wherein at least one of the first communication link, the second communication link, or the third communication link comprises millimeter wave carrier frequencies.
Nonetheless, in the same field of endeavor, Caporal Del Barrio further teaches and suggests wherein at least one of the first communication link, the second communication link, or the third communication link comprises millimeter wave carrier frequencies ([0032]; mmWave communication links).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate mmWave communication links as taught by Caporal Del Barrio with the method and apparatus for the UE transmitting a request for data forwarding triggering the use of the relay UE to communicate with the base station as disclosed by Wu, as modified by Caporal Del Barrio and Hirai, for the purpose of eliminating or reducing the MPE, as suggested by Caporal Del Barrio.
Regarding claims 19 and 40, Wu, as modified by Caporal Del Barrio and Hirai, further teaches and discloses receiving an identifier request from the second UE; and sending an identifier of the relay UE to the second UE based on the identifier request ([0027]; [0066]; teaches receiving a request and transmitting a ID of a relay UE to the remote UE).
Regarding claims 20 and 41, Wu, as modified by Caporal Del Barrio and Hirai, further teaches and discloses relaying, via the first communication link and the second communication link, a message from the second UE to the network device, the message including an identifier of the relay UE ([0027]; [0066]; teaches transmitting a ID of a relay UE to the base station).
Claims 15 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (hereinafter Wu) (U.S. Patent Application Publication # 2019/0069247 A1) in view of CAPORAL DEL BARRIO et al. (hereinafter Caporal Del Barrio) (U.S. Patent Application Publication # 2022/0264481 A1) and HIRAI et al. (hereinafter Hirai) (U.S. Patent Application Publication # 2013/0028168 A1), and further in view of Huang et al. (hereinafter Huang) (U.S. Patent Application Publication # 2018/0295534 A1).
Regarding claims 15 and 36, Wu, as modified by Caporal Del Barrio and Hirai, discloses determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action, but may not explicitly disclose establishing a third communication link with a third UE; and receiving a message from the first UE that communications between the first UE and the network device are to be relayed by the third UE via the third communication link.
Nonetheless, in the same field of endeavor, Huang further teaches and suggests establishing a third communication link with a third UE (second relay node); and receiving a message from the first UE that communications between the first UE and the network device (eNB, figure 1) are to be relayed by the third UE via the third communication link ([0015]; [0063]; teaches a second relay node for establishing a connection between a remote node and the second relay node).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a second relay node for establishing a connection between a remote node and the second relay node as taught by Huang with the method and apparatus determining the maximum permissible exposure (MPE) event exceeds a MPE limit/threshold based on monitoring MPE and taking appropriate action as disclosed by Wu, as modified by Caporal Del Barrio and Hirai, for the purpose of switching communication via a relay node, as suggested by Huang.
Allowable Subject Matter
Claims 2, 14, 21, 23, 35, 42, 44, 46, 50, and 52 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.
Response to Arguments
Applicant's arguments with respect to claims 1-54 have been considered but are moot in view of the new ground(s) of rejection as necessitated by Applicant’s amendment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUK JIN KANG whose telephone number is (571) 270-1771. The examiner can normally be reached on Monday-Friday 8am-5pm.
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, Chirag Shah can be reached on (571) 272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist/customer service whose telephone number is (571) 272-2600.
/Suk Jin Kang/
Examiner, Art Unit 2477
March 21, 2026