DETAILED ACTION
This communication is in responsive to RCE for Application 17/815906 filed on 10/29/2025. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims:
Claims 1-2, 4-12, 16-17, 19-27 and 31-32 are presented for examination.
Continued Examination under 37 CFR 1.114
3. A request for continued examination under 37 CFR 1.114 was filed in this application after appeal to the Patent Trial and Appeal Board, but prior to a decision on the appeal. 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examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 10/29/2025 has been entered.
Response to Arguments
4. Examiner statements in the mailed Non-Final with respect to obvious limitations including common knowledge or well-known in the art are taken to be admitted prior art because applicant failed to traverse the Examiner’s assertion, see MPEP 2144.03 C.
5. Applicant’s arguments in the amendment filed on 10/29/2025 regarding claim rejection under 35 USC § 103 are moot in view of the new rejection. Park was cited for the dependent claims. Park still teaches the new amendments. Also, the previously indicated allowable subject matter has been withdrawn in view of the updated search and Park.
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.
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.
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.
Claims 1-2, 4-10, 12,16-17, 19-25, 27 and 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Nam et al. (hereinafter Nam) US 2019/0166625 A1 in view of Choi et al. (Hereinafter Choi) US 2016/0315744 A1 and further in view of Park et al. (Hereinafter Park) US 2024/0031939 A1.
Regarding Claim 1, Nam teaches a method of wireless communication for a user equipment (UE) (Fig. 4), comprising:
communicating, with a network for a first subscription, using radio frequency (RF) resources according to a number of layers corresponding to a capability of the UE (Fig. 4 & ¶0086; base station 105 may gather channel condition information from a UE 115 in order to efficiently configure and schedule the channel. This information may be sent from the UE 115 in the form of a channel state report. A channel state report may contain an RI requesting a number of layers to be used for downlink transmissions (e.g., based on the antenna ports of the UE 115), a PMI indicating a preference for which precoder matrix should be used (based on the number of layers), and a channel quality information (CQI) representing the highest MCS that may be used. CQI may be calculated by a UE 115 after receiving predetermined pilot symbols such as cell specific reference signal (CRS) or CSI-RS. Also see MIMO capabilities in ¶0067 & ¶0080. Nam still teaches first/second subscription e.g., eCCS associated with dual connectivity, see ¶0083);
detecting a constraint on the RF resources (Fig. 4 & ¶0086, ¶0108-¶0114; At 415, base station 405 may transmit (and UE 410 may receive) a configuration message. The configuration message may indicate a RS preemptions scheme for RS resource(s) [constraint on the RF resources] being preempted for priority transmissions during a time period, e.g., during a slot. The configuration message may be transmitted in a subsequent time period, e.g., in a slot following the slot in which the RS resource(s) are being preempted. At 420, UE 410 may identify the RS preemption scheme. The UE 410 may identify the RS preemption scheme based on the configuration message and/or based on preconfigured information previously received. At 425, base station 405 may transmit (and UE 410 may receive) a signal including preempted RS resource(s). The signal may be transmitted during a data portion of the time period. The RS resource(s) may be preempted in accordance with the RS preemption scheme);
and transmitting information of a preferred number of layers that is preferred by the UE to the network in response to the detecting (Fig. 4 & ¶0086, ¶0108-¶0114; PMI indicating a preference for which precoder matrix should be used (based on the number of layers), and a channel quality information (CQI) representing the highest MCS that may be used. CQI may be calculated by a UE 115 after receiving predetermined pilot symbols such as cell specific reference signal (CRS) or CSI-RS)
Nam does not expressly teach “based on activity for a second subscription while the UE is communication with the network for the first subscription;” &” the constraint on the RF resources based on the activity for the second subscription” which is similar to “wherein detecting the constraint on the RF resources is based on activity for a second subscription while the UE is communicating with the network for a first subscription.”
Choi is analogues art because it is directed to mitigate degradation of dual connectivity. See abstract. Choi teaches UE 112 may include first DSDA subscription 146 and second DSDA subscription 148, as shown in FIG. 1. See Fig. 3 & ¶0045-¶0052. Also, UE 112 and/or first DSDA subscription 146 may begin transmission of a voice call on the first subscription (e.g., GSM). At 301B, due to the transmission of the voice call at 301A, UE 112 may TX blank transmissions on the second DSDA subscription due to transmission on the first DSDA subscription. See ¶0047.
One of ordinary skill in the art would realize from Choi’s teachings, at least in the paragraphs cited above, that while UE is using the first subscription for a voice call, the UE is also testing the second DSDA subscription because the UE is attempting to mitigate throughput degradation during the voice call [constraints on a resource].
For example, TX blanking may involve stopping, turning off, or disabling WCDMA transmissions (e.g., corresponding to the first DSDA subscription 146) for a period of time during which GSM transmissions take place. See ¶0025.
Choi also teaches UE 112 may include first DSDA subscription 146 and second DSDA subscription 148, as shown in FIG. 1. See Fig. 3 & ¶0045-¶0052.
Choi further teaches “based on activity for a second subscription while the UE is communication with the network for the first subscription;” &” the constraint on the RF resources based on the activity for the second subscription (UE 112 and/or first DSDA subscription 146 may begin transmission of a voice call on the first subscription (e.g., GSM). At 301B, due to the transmission of the voice call at 301A, UE 112 may TX blank transmissions on the second DSDA subscription due to transmission on the first DSDA subscription. See ¶0047. One of ordinary skill in the art would realize that while using first subscription for a voice call, the UE is testing the second DSDA subscription because UE is attempting to mitigate throughput degradation during the voice call [constraints on a resource]. For example, TX blanking may involve stopping, turning off, or disabling WCDMA transmissions (e.g., corresponding to the first DSDA subscription 146) for a period of time during which GSM transmissions take place. See ¶0025).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed limitation to incorporate the teachings of Choi e.g., DSDA into the system of Nam to allow a user to maintain two active connections to two different subscriptions, which may be to different radio access technologies (RATs) or networks, or a same RAT or network. Providing the perfect multitasking user experience, the simultaneous connection capability of DSDA allows users to browse the web or download files on one network while they are on a voice call at the same time. For example, a UE may operate in GSM mode for voice calls and WCDMA mode for data communications (e.g., web browser). Id.
Nam in view of Choi does not expressly teach and wherein the preferred number of layers is different than the number of layers corresponding to the capability of the UE. However, this limitation is suggested from ¶0067-¶0073; because MIMO capabilities and a Medium Access Control (MAC) layer may perform priority handling and multiplexing of logical channels into transport channels. The MAC layer may also use hybrid automatic repeat request (HARQ) to provide retransmission at the MAC layer to improve link efficiency. In the control plane, the Radio Resource Control (RRC) protocol layer may provide establishment, configuration, and maintenance of an RRC connection between a UE 115 and a base station 105 or core network 130 supporting radio bearers for user plane data. At the Physical (PHY) layer, transport channels may be mapped to physical channels. Despite that, Examiner still cites to Park.
Park teaches wherein transmitting the information of the number of layers that is preferred by the UE comprises transmitting a media access control (MAC) control element (CE) indicating the preferred number of layers (¶0131, Table 00006; the corresponding parameters and/or information may be configured or indicated through higher layer signaling (e.g., RRC signaling or Medium Access Control-Control Element (MAC-CE)) and/or DCI. For example, parameters and/or information for PUSCH power control may be transferred through RRC signaling PUSCH-ConfigCommon, PUSCH-PowerControl, and the like).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed limitation to incorporate the teachings of Park into the system of Nam-Choi to individually or independently configure power control information (¶0131). Utilizing such teachings enable the system to determine a transmission power of the uplink signal on the basis of the multiple power control settings, wherein the terminal determines a first power control setting among the multiple power control settings on the basis of satellite orbit information related to the NTN, and determines the transmission power on the basis of the first power control setting (abstract).
Regarding Claims 2, 12, 17 and 27, Nam teaches the method of claim 1, but does not expressly teach wherein the UE is a dual subscriber identification module (SIM) dual active (DSDA) user equipment. This limitation is obvious from Nam’s teachings of “dual connectivity.” See ¶0083. Also, note that this limitation is well-known in the art at the time this application was filed. Despite that Examiner cites to Choi.
Choi teaches wherein the UE is a dual subscriber identification module (SIM) dual active (DSDA) user equipment (abstract & ¶0004; enabled user equipment (UE) to support dual subscriber identity module (SIM) dual active (DSDA) operations).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed limitation to incorporate the teachings of Choi e.g., DSDA into the system of Nam to allow a user to maintain two active connections to two different subscriptions, which may be to different radio access technologies (RATs) or networks, or a same RAT or network. Providing the perfect multitasking user experience, the simultaneous connection capability of DSDA allows users to browse the web or download files on one network while they are on a voice call at the same time. For example, a UE may operate in GSM mode for voice calls and WCDMA mode for data communications (e.g., web browser). Id.
Regarding Claim 4, Nam in view of Choi teaches the method of claim 1, Choi further teaches wherein the UE communicates with the network for the first subscription on a first band and communicates with a second network for the second subscription on the first band (¶0022; first DSDA subscription 146 and second DSDA subscription 148).
Regarding Claim 5, Nam-Choi teaches the method of claim 1, but does not expressly teach wherein detecting the constraint on the RF resources is based on a low power condition.
Park teaches wherein detecting the constraint on the RF resources is based on a low power condition (Park teaches UE capabilities reported to the BS where power is determined and communicated to the BS for power control adjustment that includes low power condition, see Fig. 8, ¶0056, ¶0281, ¶0290 & ¶0349).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed limitation to incorporate the teachings of Park into the system of Nam-Choi to determine a transmission power of the uplink signal on the basis of the multiple power control settings, wherein the terminal determines a first power control setting among the multiple power control settings on the basis of satellite orbit information related to the NTN, and determines the transmission power on the basis of the first power control setting (abstract).
Regarding Claim 7, Nam-Choi teaches the method of claim 1, but does not expressly teach wherein transmitting the information of the number of layers that is preferred by the UE comprises transmitting a media access control (MAC) control element (CE) indicating the preferred number of layers. However, this limitation is suggested from ¶0067-¶0073; because MIMO capabilities and a Medium Access Control (MAC) layer may perform priority handling and multiplexing of logical channels into transport channels. The MAC layer may also use hybrid automatic repeat request (HARQ) to provide retransmission at the MAC layer to improve link efficiency. In the control plane, the Radio Resource Control (RRC) protocol layer may provide establishment, configuration, and maintenance of an RRC connection between a UE 115 and a base station 105 or core network 130 supporting radio bearers for user plane data. At the Physical (PHY) layer, transport channels may be mapped to physical channels. Despite that, Examiner still cites to Park.
Park teaches wherein transmitting the information of the number of layers that is preferred by the UE comprises transmitting a media access control (MAC) control element (CE) indicating the preferred number of layers (¶0131, Table 00006; the corresponding parameters and/or information may be configured or indicated through higher layer signaling (e.g., RRC signaling or Medium Access Control-Control Element (MAC-CE)) and/or DCI. For example, parameters and/or information for PUSCH power control may be transferred through RRC signaling PUSCH-ConfigCommon, PUSCH-PowerControl, and the like).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed limitation to incorporate the teachings of Park into the system of Nam-Choi to individually or independently configure power control information (¶0131). Utilizing such teachings enable the system to determine a transmission power of the uplink signal on the basis of the multiple power control settings, wherein the terminal determines a first power control setting among the multiple power control settings on the basis of satellite orbit information related to the NTN, and determines the transmission power on the basis of the first power control setting (abstract).
Regarding Claims 10, 15, 25 and 30, Nam teaches the method of claim 1, further comprising transmitting a capability message indicating the number of layers corresponding to the UE capability (Fig. 4 & ¶0086, ¶0108-¶0114; configuration message).
Regarding Claim 31, Nam in view of Choi teaches the method of claim 1, Choi further teaches wherein communicating with the network for the first subscription comprises communicating on a data call and wherein the activity for the second subscription comprises a voice call (¶0003 & ¶0025; obvious because communication services includes voice and data services).
Claims 16-17, 19-25 and 32 are substantially similar to the above claims, thus the same rationale applies.
Claims 6 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Nam-Choi in view of Sanchez et al. (Hereinafter Sanchez) US 2022/0030549 A1.
Regarding Claim 6, Nam-Choi teaches the method of claim 1, but does not expressly teach wherein the RF resources are transmit chain components or receive chain components.
Sanchez teaches wherein the RF resources are transmit chain components or receive chain components (¶0200-¶0203 & Fig. 3; transmit chain components)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed limitation to incorporate the teachings of Sanchez e.g., RX chain into the system of Nam-Choi to enable alignment of the POs across multiple USIMs in dual receive devices in order to reduce the device's power consumption as a whole (¶0202). Specifically, the mechanism can accomplish either of the following PO alignment options: full alignment or sequential/partial alignment. Id.
Claim 21 is substantially similar to the above claims, thus the same rationale applies.
Claims 8-9, 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Nam-Choi in view of Gerstenberger et al. (Hereinafter Gerstenberger) US 2011/0310759 A1.
Regarding Claim 8, Nam teaches the method of claim 1, but does not expressly teach wherein transmitting the information of the number of layers that is preferred by the UE comprises transmitting an uplink control information (UCI) element indicating the preferred number of layers.
Gerstenberger teaches wherein transmitting the information of the number of layers that is preferred by the UE comprises transmitting an uplink control information (UCI) element indicating the preferred number of layers (¶0009; Uplink Control Information (UCI)--can consist of one or more of the following: … and (iv) a Rank Indicator (RI) indicating the number of useful transmission layers for the control channel (PUCCH or PUSCH) as experienced by the UE).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed limitation to incorporate the teachings of Gerstenberger into the system of Nam-Choi to transmit the control information together with the data on PUSCH. Thus, when PUSCH is transmitted, any control signaling is multiplexed with data to maintain single carrier structure (¶0009).
Regarding Claim 9, Nam-Choi in view of Gerstenberger teaches the method of claim 8, Gerstenberger further teaches wherein the UCI further includes a rank indicator or layer indicator separate from the number of layers that is preferred by the UE (¶0009; Uplink Control Information (UCI)--can consist of one or more of the following: …and (iv) a Rank Indicator (RI) indicating the number of useful transmission).
Claims 23-24 are substantially similar to the above claims, thus the same rationale applies.
Claims 11-12 and 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Nam in view of Park.
Regarding Claims 11 & 26, Nam teaches a method of wireless communication for a base station, comprising:
receiving a capability message indicating the number of layers corresponding to the UE capability (Fig. 4 & ¶0086; base station 105 may gather channel condition information from a UE 115 in order to efficiently configure and schedule the channel. This information may be sent from the UE 115 in the form of a channel state report. A channel state report may contain an RI requesting a number of layers to be used for downlink transmissions (e.g., based on the antenna ports of the UE 115), a PMI indicating a preference for which precoder matrix should be used (based on the number of layers), and a channel quality information (CQI) representing the highest MCS that may be used. CQI may be calculated by a UE 115 after receiving predetermined pilot symbols such as cell specific reference signal (CRS) or CSI-RS. Also see MIMO capabilities in ¶0067 & ¶0080. Nam still teaches first/second subscription e.g., eCCS associated with dual connectivity, see ¶0083);
communicating, with a user equipment (UE), using a number of layers corresponding to a capability of the UE (Fig. 4 & ¶0086, ¶0108-¶0114; PMI indicating a preference for which precoder matrix should be used (based on the number of layers), and a channel quality information (CQI) representing the highest MCS that may be used. CQI may be calculated by a UE 115 after receiving predetermined pilot symbols such as cell specific reference signal (CRS) or CSI-RS);
and scheduling the UE to communicate based on the number of layers that is preferred by the UE (Fig. 4 & ¶0086; base station 105 may gather channel condition information from a UE 115 in order to efficiently configure and schedule the channel. This information may be sent from the UE 115 in the form of a channel state report. A channel state report may contain an RI requesting a number of layers to be used for downlink transmissions (e.g., based on the antenna ports of the UE 115), a PMI indicating a preference for which precoder matrix should be used (based on the number of layers), and a channel quality information (CQI) representing the highest MCS that may be used. CQI may be calculated by a UE 115 after receiving predetermined pilot symbols such as cell specific reference signal (CRS) or CSI-RS. Also see MIMO capabilities in ¶0067 & ¶0080. Nam still teaches first/second subscription e.g., eCCS associated with dual connectivity, see ¶0083. Additionally, priority handling is similar to preferred layers, see ¶0067-¶0073).
Nam does not expressly teach “receiving, from the UE, information of a preferred number of layers that is preferred by the UE, wherein receiving the information of the number of layers that is preferred by the UE comprises receiving a media access control (MAC) control element (CE) or an uplink control information (UCI) element indicating the number of layers, wherein the MAC-CE or the UCI further includes a rank indicator or layer indicator separate from the number of layers that is preferred by the UE, and wherein the preferred number of layers is different than the capability indicated by the UE;”
However, this limitation is suggested from ¶0067-¶0073; because MIMO capabilities and a Medium Access Control (MAC) layer may perform priority handling and multiplexing of logical channels into transport channels. The MAC layer may also use hybrid automatic repeat request (HARQ) to provide retransmission at the MAC layer to improve link efficiency. In the control plane, the Radio Resource Control (RRC) protocol layer may provide establishment, configuration, and maintenance of an RRC connection between a UE 115 and a base station 105 or core network 130 supporting radio bearers for user plane data. At the Physical (PHY) layer, transport channels may be mapped to physical channels. Despite that, Examiner still cites to Park.
Park teaches receiving, from the UE, information of a preferred number of layers that is preferred by the UE, wherein receiving the information of the number of layers that is preferred by the UE comprises receiving a media access control (MAC) control element (CE) or an uplink control information (UCI) element indicating the number of layers, wherein the MAC-CE or the UCI further includes a rank indicator or layer indicator separate from the number of layers that is preferred by the UE, and wherein the preferred number of layers is different than the capability indicated by the UE (¶0131, Table 00006; the corresponding parameters and/or information may be configured or indicated through higher layer signaling (e.g., RRC signaling or Medium Access Control-Control Element (MAC-CE)) and/or DCI. For example, parameters and/or information for PUSCH power control may be transferred through RRC signaling PUSCH-ConfigCommon, PUSCH-PowerControl, and the like).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed limitation to incorporate the teachings of Park into the system of Nam to individually or independently configure power control information (¶0131). Utilizing such teachings enable the system to determine a transmission power of the uplink signal on the basis of the multiple power control settings, wherein the terminal determines a first power control setting among the multiple power control settings on the basis of satellite orbit information related to the NTN, and determines the transmission power on the basis of the first power control setting (abstract).
Regarding Claims 12 & 27, Nam in view of Park teaches the method of claim 11, Nam further teaches wherein the UE is a dual subscriber identification module (SIM) dual active (DSDA) user equipment This limitation is obvious from Nam’s teachings of “dual connectivity.” See ¶0083. Also, note that this limitation is well-known in the art at the time this application was filed.
Conclusion
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MAHRAN ABU ROUMI
Primary Examiner
Art Unit 2455
/MAHRAN Y ABU ROUMI/Primary Examiner, Art Unit 2455