DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 05/22/2026 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
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 pre-AIA 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1, 6, and 15 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Ahn et al. (US 2011/0292826 A1, hereinafter “Ahn”) in view of Zhang et al. (WO 2010/107911 A1, hereinafter “Zhang”) and Hsu (US 2010/0232385 A1).
Regarding claim 1, Ahn discloses a method implemented by a wireless transmit receive unit (WTRU) [see Fig. 12-18, para. 107; UE 120], the method comprising:
receiving one or more radio resource control (RRC) messages with configuration information relating to power levels, wherein the configuration information includes a set of carriers and a maximum total power level for the set of carriers, wherein a total power level for the set of carriers is equal to a first power level combined with a second power level [see Fig. 18, para. 107; processor 122 and RF unit 126 are configured to receive configuration information; see para. 42, 81; UE receives a RRC message with configuration information relating to power levels, wherein the configuration information includes a subset of component carriers and a threshold value for the subset of component carriers ... the threshold value can be set permanently, semi-permanently, or dynamically ... the threshold value can be set differently for different physical channels ... different threshold values may be set for each combination illustrated in FIG. 13 ... the threshold value may be set for all component carriers in the same manner, or in a unit of component carrier, or in a unit of component carrier group ... the threshold value may be designated differently considering maximum/available power capacity of the user equipment, power level of transmitting signal, etc. ... the threshold value may be varied depending on the size of the power level of the uplink transmitting signals ... the threshold value may be designated in proportion to the size of the power level of the uplink transmitting signals];
adjusting the first power level for sending a first message using at least one channel of a first group of channels or adjusting the second power level for sending a second message using at least one channel of a second group of channels based on the configuration information [see Fig. 12, steps S1220-S1250, Fig. 13, para. 80-83; adjusting a first power level for sending a transmission using at least one channel of a first group of channels (PUCCHs) and adjusting a second power level for sending the transmission using at least one channel of a second group of channels (PUSCHs) based on the threshold value; Note that PUSCH and PUCCH are transmitted at the same time using multiple component carriers (see Fig. 13, case 4, para. 80); also see Fig. 14, steps S1420-S1450, para. 85-89; Fig. 15, steps S1520-S1550, para. 90-94; Fig. 16, steps S1620-S1650, para. 59-99; Fig. 17, steps S1720-S1750, para. 100-104],
wherein the first power level and the second power level are used for a same time interval [see Fig. 12, steps S1250-S1260, para. 83; the Tx power of each uplink signal (PUCCH and PUSCH) are used for a same time interval],
wherein the first group of channels differs from the second group of channels based on channel type [see Fig. 13, para. 80; the first group of channels (PUCCHs) differs from the second group of channels (PUSCHs) based on channel type (data or control)],
wherein the first power level or the second power level is adjusted based on the first power level being for the first group of channels or the second power level being for the second group of channels [Fig. 15, para. 94 discloses Tx power of a data signal/channel (PUSCH) is decreased before another signal/channel; Fig. 14, para. 89 discloses Tx power of a control signal/channel (PUCCH) is increased before another signal/channel],
wherein one of the first power level and the second power level are adjusted such that the total power level does not exceed the maximum total power level [see Fig. 12, steps S1230-S1240, para. 81-82; difference between Tx power of uplink signals > threshold value?, if yes, adjusting Tx power of the two or more uplink signals/channels so that difference between Tx power of uplink signals/channels is no more than the threshold value. Note that the threshold value is designated differently considering maximum/available power capacity of the UE; also see Fig. 14, steps S1430-S1445, para. 85; see Fig. 15, steps S1530-S1545, para. 90; see Fig. 16, steps S1630-S1645, para. 95; see Fig. 17, steps S1730-S1745, para. 100-103],
wherein the first power level is adjusted based on a predefined order for power levels [Fig. 15, para. 94 discloses Tx power of a data signal/channel (PUSCH) is decreased before another signal/channel; Fig. 14, para. 89 discloses Tx power of a control signal/channel (PUCCH) is increased before another signal/channel; also see para. 81; pre-configured threshold values are set differently for different physical channels],
wherein the first group of channels is associated with a control channel [see Fig. 13, para. 80; the first group of channels are associated with a control channel (PUCCH)],
wherein the second group of channels is associated with a shared channel [see Fig. 13, para. 80; the second group of channels is associated with a shared channel (PUSCH)]; and
sending the first message using a channel of the first group of channels using the first power level and sending the second message using a channel of the second group of channels using the second power level [see Fig. 12, step S1260, Fig. 13, para. 79-83; send the transmission using the PUCCH using the adjusted Tx power based on the TPC dedicated format for PUCCH and send the transmission using the PUSCH using the adjusted Tx power based on the TPC dedicated format for PUSCH; also see Fig. 14, step S1460, para. 89; see Fig. 15, step S1560; see Fig. 16, step S1660; see Fig. 17, step S1760], wherein the first message uses a different carrier than the second message [see Fig. 12, step S1260, Fig. 13, para. 79-83; the PUCCH uses a different component carrier than the PUSCH; Note that PUSCH and PUCCH are transmitted at the same time using multiple component carriers (see Fig. 13, case 4, para. 80); also see Fig. 14, step S1460, para. 89; see Fig. 15, step S1560; see Fig. 16, step S1660; see Fig. 17, step S1760], wherein the first message and the second message are sent within the same time interval [see Fig. 12, step S1260, para. 83; the first transmission and the second transmission are sent within the same time interval]; and
a power calculation involving the first power level of a first carrier of the set of carriers and the second power level of a second carrier of the set of carriers [see Fig. 12, steps S1220-S1250, Fig. 13, para. 80-83; the first power level and the second power level are adjusted based on the threshold value (different threshold values may be set for each combination illustrated in FIG. 13 ... the threshold value may be set for all component carriers in the same manner, or in a unit of component carrier, or in a unit of component carrier group); also see Fig. 14, steps S1420-S1450, para. 85-89; Fig. 15, steps S1520-S1550, para. 90-94; Fig. 16, steps S1620-S1650, para. 59-99; Fig. 17, steps S1720-S1750, para. 100-104].
Ahn does not explicitly disclose sending a power report in a medium access control message.
However, Zhang teaches sending a power report in a message associated with a power calculation involving a first power level of a first carrier of a set of carriers and a second power level of a second carrier of the set of carriers [see Fig. 1-2, para. 22-25, 28-29; with inner or closed loop power control, UE sends to base station a pilot SINR (signal to noise ration) associated with a power calculation involving a first power level of carrier 1 and a second power level of carrier 2 of a set of carriers (carrier 1 … carrier N)].
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to provide “sending a power report in a message associated with a power calculation involving a first power level of a first carrier of a set of carriers and a second power level of a second carrier of the set of carriers”, as taught by Zhang, into the system of Ahn so that it would dynamically adjust power (up or down) for a carrier or across a set of carriers [see Zhang, para. 25].
The combined system of Ahn and Zhang does not explicitly disclose sending a power report in a “medium access control” message.
However, Hsu teaches sending a power report in a medium access control message [see Fig. 10, para. 9, 65-75; sending a power headroom report (PHR) in a medium access control (MAC) message].
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to provide “sending a power report in a medium access control message”, as taught by Hsu, into the combined system of Ahn and Zhang so that it would provide the serving eNB with information about the difference between the UE maximum transmit power and the estimated power for uplink transmission [see Hsu, para. 9].
Regarding claim 6, Ahn discloses a wireless transmit receive unit (WTRU) [see Fig. 12-18, para. 107; UE 120], the WTRU comprising:
a processor operatively coupled to a transceiver [see Fig. 18, para. 107; processor 122 operatively coupled to RF unit 126], the processor and transceiver configured to receive one or more radio resource control (RRC) messages with configuration information relating to power levels, wherein the configuration information includes a set of carriers and a maximum total power level for the set of carriers, wherein a total power for the set of carriers is equal to a first power level combined with a second power level [see Fig. 18, para. 107; processor 122 and RF unit 126 are configured to receive configuration information; see para. 42, 81; UE receives a RRC message with configuration information relating to power levels, wherein the configuration information includes a subset of component carriers and a threshold value for the subset of component carriers ... the threshold value can be set permanently, semi-permanently, or dynamically ... the threshold value can be set differently for different physical channels ... different threshold values may be set for each combination illustrated in FIG. 13 ... the threshold value may be set for all component carriers in the same manner, or in a unit of component carrier, or in a unit of component carrier group ... the threshold value may be designated differently considering maximum/available power capacity of the user equipment, power level of transmitting signal, etc. ... the threshold value may be varied depending on the size of the power level of the uplink transmitting signals ... the threshold value may be designated in proportion to the size of the power level of the uplink transmitting signals];
the processor [see Fig. 18, para. 107; processor 122] configured to adjust the first power level for sending a first message using at least one channel of a first group of channels or adjusting the second power level for sending a second message using at least one channel of a second group of channels based on the configuration information [see Fig. 12, steps S1220-S1250, Fig. 13, para. 80-83; adjusting a first power level for sending a transmission using at least one channel of a first group of channels (PUCCHs) and adjusting a second power level for sending the transmission using at least one channel of a second group of channels (PUSCHs) based on the threshold value; Note that PUSCH and PUCCH are transmitted at the same time using multiple component carriers (see Fig. 13, case 4, para. 80); also see Fig. 14, steps S1420-S1450, para. 85-89; Fig. 15, steps S1520-S1550, para. 90-94; Fig. 16, steps S1620-S1650, para. 59-99; Fig. 17, steps S1720-S1750, para. 100-104],
wherein the first power level and the second power level are used for a same time interval [see Fig. 12, steps S1250-S1260, para. 83; the Tx power of each uplink signal (PUCCH and PUSCH) are used for a same time interval],
wherein the first group of channels differs from the second group of channels based on channel type [see Fig. 13, para. 80; the first group of channels (PUCCHs) differs from the second group of channels (PUSCHs) based on channel type (data or control)],
wherein the first power level or the second power level is adjusted based on the first power level being for the first group of channels or the second power level being for the second group of channels [Fig. 15, para. 94 discloses Tx power of a data signal/channel (PUSCH) is decreased before another signal/channel; Fig. 14, para. 89 discloses Tx power of a control signal/channel (PUCCH) is increased before another signal/channel],
wherein one of the first power level and the second power level are adjusted such that the total power level does not exceed the maximum total power level [see Fig. 12, steps S1230-S1240, para. 81-82; difference between Tx power of uplink signals > threshold value?, if yes, adjusting Tx power of the two or more uplink signals/channels so that difference between Tx power of uplink signals/channels is no more than the threshold value. Note that the threshold value is designated differently considering maximum/available power capacity of the UE; also see Fig. 14, steps S1430-S1445, para. 85; see Fig. 15, steps S1530-S1545, para. 90; see Fig. 16, steps S1630-S1645, para. 95; see Fig. 17, steps S1730-S1745, para. 100-103],
wherein the first power level is adjusted based on a predefined order for power levels [Fig. 15, para. 94 discloses Tx power of a data signal/channel (PUSCH) is decreased before another signal/channel; Fig. 14, para. 89 discloses Tx power of a control signal/channel (PUCCH) is increased before another signal/channel; also see para. 81; pre-configured threshold values are set differently for different physical channels],
wherein the first group of channels is associated with a control channel [see Fig. 13, para. 80; the first group of channels are associated with a control channel (PUCCH)],
wherein the second group of channels is associated with a shared channel [see Fig. 13, para. 80; the second group of channels is associated with a shared channel (PUSCH)];
the processor and the transceiver [see Fig. 18, para. 107; processor 122 and RF unit 126] configured to send the first message using a channel of the first group of channels using the first power level and send the second message using a channel of the second group of channels using the second power level [see Fig. 12, step S1260, Fig. 13, para. 79-83; send the transmission using the PUCCH using the adjusted Tx power based on the TPC dedicated format for PUCCH and send the transmission using the PUSCH using the adjusted Tx power based on the TPC dedicated format for PUSCH; also see Fig. 14, step S1460, para. 89; see Fig. 15, step S1560; see Fig. 16, step S1660; see Fig. 17, step S1760], wherein the first message uses a different carrier than the second message [see Fig. 12, step S1260, Fig. 13, para. 79-83; the PUCCH uses a different component carrier than the PUSCH; Note that PUSCH and PUCCH are transmitted at the same time using multiple component carriers (see Fig. 13, case 4, para. 80); also see Fig. 14, step S1460, para. 89; see Fig. 15, step S1560; see Fig. 16, step S1660; see Fig. 17, step S1760], wherein the first message and the second message are sent within the same time interval [see Fig. 12, step S1260, para. 83; the first transmission and the second transmission are sent within the same time interval]; and
a power calculation involving the first power level of a first carrier of the set of carriers and the second power level of a second carrier of the set of carriers [see Fig. 12, steps S1220-S1250, Fig. 13, para. 80-83; the first power level and the second power level are adjusted based on the threshold value (different threshold values may be set for each combination illustrated in FIG. 13 ... the threshold value may be set for all component carriers in the same manner, or in a unit of component carrier, or in a unit of component carrier group); also see Fig. 14, steps S1420-S1450, para. 85-89; Fig. 15, steps S1520-S1550, para. 90-94; Fig. 16, steps S1620-S1650, para. 59-99; Fig. 17, steps S1720-S1750, para. 100-104].
Regarding claim 15, Ahn discloses a method implemented by a base station [see Fig. 12-18, para. 107; BS 110], the method comprising:
sending one or more radio resource control (RRC) messages with configuration information relating to power levels, wherein the configuration information includes a set of carriers and a maximum total power level for the set of carriers, wherein a total power for the set of carriers is equal to a first power level combined with a second power level [see para. 42, 81; sending a RRC message with configuration information relating to power levels, wherein the configuration information includes a subset of component carriers and a threshold value for the subset of component carriers ... the threshold value can be set permanently, semi-permanently, or dynamically ... the threshold value can be set differently for different physical channels ... different threshold values may be set for each combination illustrated in FIG. 13 ... the threshold value may be set for all component carriers in the same manner, or in a unit of component carrier, or in a unit of component carrier group ... the threshold value may be designated differently considering maximum/available power capacity of the user equipment, power level of transmitting signal, etc. ... the threshold value may be varied depending on the size of the power level of the uplink transmitting signals ... the threshold value may be designated in proportion to the size of the power level of the uplink transmitting signals]; and
receiving a first message on a channel of a first group of channels at the first power level and receiving a second message on a channel of a second group of channels at the second power level [see Fig. 12, steps S1220-S1260, Fig. 13, para. 79-83; receiving a PUCCH from a first group of channels (PUCCHs) at a first power level (Tx power of control channel) and receiving a PUSCH from a second group of channels (PUSCHs) at a second power level (Tx power of data channel); Note that PUSCH and PUCCH are transmitted at the same time using multiple component carriers (see Fig. 13, case 4, para. 80); also see Fig. 14, step S1460, para. 89; see Fig. 15, step S1560; see Fig. 16, step S1660; see Fig. 17, step S1760], wherein the first group of channels differs from the second group of channels based on channel type [see Fig. 13, para. 80; the first group of channels (PUCCHs) differs from the second group of channels (PUSCHs) based on channel type (data or control)], wherein the total power level does not exceed the maximum total power level [see Fig. 12, steps S1230-S1240, para. 81-82; difference between Tx power of uplink signals > threshold value?, if yes, adjusting Tx power of the two or more uplink signals/channels so that difference between Tx power of uplink signals/channels is no more than the threshold value. Note that the threshold value is designated differently considering maximum/available power capacity of the UE; also see Fig. 14, steps S1430-S1445, para. 85; see Fig. 15, steps S1530-S1545, para. 90; see Fig. 16, steps S1630-S1645, para. 95; see Fig. 17, steps S1730-S1745, para. 100-103], wherein each message uses a different carrier of the subset of carriers [see Fig. 12, step S1260, Fig. 13, para. 79-83; the PUCCH uses a different component carrier than the PUSCH; Note that PUSCH and PUCCH are transmitted at the same time using multiple component carriers (see Fig. 13, case 4, para. 80); also see Fig. 14, step S1460, para. 89; see Fig. 15, step S1560; see Fig. 16, step S1660; see Fig. 17, step S1760], wherein the first message and the second message are sent within the same time interval [see Fig. 12, step S1260, para. 83; the first transmission and the second transmission are sent within the same time interval]; and
a power calculation involving the first power level of a first carrier of the set of carriers and the second power level of a second carrier of the set of carriers [see Fig. 12, steps S1220-S1250, Fig. 13, para. 80-83; the first power level and the second power level are adjusted based on the threshold value (different threshold values may be set for each combination illustrated in FIG. 13 ... the threshold value may be set for all component carriers in the same manner, or in a unit of component carrier, or in a unit of component carrier group); also see Fig. 14, steps S1420-S1450, para. 85-89; Fig. 15, steps S1520-S1550, para. 90-94; Fig. 16, steps S1620-S1650, para. 59-99; Fig. 17, steps S1720-S1750, para. 100-104].
Ahn does not explicitly disclose receiving a power report in a medium access control message.
However, Zhang teaches receiving a power report in a message associated with a power calculation involving a first power level of a first carrier of a set of carriers and a second power level of a second carrier of the set of carriers [see Fig. 1-2, para. 22-25, 28-29; with inner or closed loop power control, base station receives from UE a pilot SINR (signal to noise ration) associated with a power calculation involving a first power level of carrier 1 and a second power level of carrier 2 of a set of carriers (carrier 1 … carrier N)].
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to provide “receiving a power report in a message associated with a power calculation involving a first power level of a first carrier of a set of carriers and a second power level of a second carrier of the set of carriers”, as taught by Zhang, into the system of Ahn so that it would dynamically adjust power (up or down) for a carrier or across a set of carriers [see Zhang, para. 25].
The combined system of Ahn and Zhang does not explicitly disclose sending a power report in a “medium access control” message.
However, Hsu teaches receiving a power report in a medium access control message [see Fig. 10, para. 9, 65-75; receiving a power headroom report (PHR) in a medium access control (MAC) message].
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to provide “receiving a power report in a medium access control message”, as taught by Hsu, into the combined system of Ahn and Zhang so that it would provide the serving eNB with information about the difference between the UE maximum transmit power and the estimated power for uplink transmission [see Hsu, para. 9].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ranta-Aho et al. (US 2012/0093011 A1), see Fig. 5-6, para. 57-60, discloses determining a first pilot channel transmission power level for a first uplink carrier, determining a second pilot channel transmission power level for a second uplink carrier, and prioritizing the first and second uplink carriers based at least in part upon the first and second pilot channel transmission power levels.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN T LE whose telephone number is (571)270-5615. The examiner can normally be reached on M-F 9AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAE LEE can be reached on 571-270-3936. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN T LE/Primary Examiner, Art Unit 2479
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