Prosecution Insights
Last updated: May 29, 2026
Application No. 17/835,234

DYNAMIC SWITCHING ALLOCATION BETWEEN FREQUENCY ALLOCATIONS

Final Rejection §103§112
Filed
Jun 08, 2022
Examiner
AHSAN, UMAIR
Art Unit
2647
Tech Center
2600 — Communications
Assignee
T-Mobile Innovations LLC
OA Round
4 (Final)
69%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
281 granted / 407 resolved
+7.0% vs TC avg
Strong +32% interview lift
Without
With
+32.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
23 currently pending
Career history
446
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
83.5%
+43.5% vs TC avg
§102
2.6%
-37.4% vs TC avg
§112
3.0%
-37.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 407 resolved cases

Office Action

§103 §112
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Application filed on 06/08/2022 and there being no priority or continuation claimed, the effective filing date is 6/08/2022 for all claims. Response to Amendment Applicant's submission filed on 10/29/2025 has been entered. Claims 1, 12, 17, and 20 are amended, no claims are added or canceled; claims 1-20 remain pending in this application. Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 112 Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention or alternatively as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claims 1, 12, and 17 are amended to recite initiate a handover algorithm to maintain an ongoing communication session of the UE during the switch to the second frequency allocation of the network carrier from the initial frequency allocation of the network carrier, such that the ongoing communication session is uninterrupted during the switch to the second frequency allocation. (in the language of Claim 1 which is similar in scope to claims 12 and 17). Claim 20 is amended to recite wherein the handover algorithm is configured to maintain continuity of the ongoing communication session by preventing interruption or dropping of an active call or data session during the switch to the second frequency allocation. Taking claims 1, 12, 17 and 20 together, applicant amendments raise issues of inadequate support in the specification as follows. Applicant adds the feature of preventing interruptions to communication sessions without adequate support. The specification has limited support for “a handover algorithm is used to ensure that an ongoing call is not dropped” (See Spec ¶36)) and for data communication generally (See Spec ¶27). Examiner notes the specification only contemplates handovers such that voice calls are not dropped, it does not contemplate handovers such that “communication sessions” are not “interrupted. The amended term “interruption” term is not found in the specification and has a different scope than “dropped call” because, for example, interruptions do not always result in a dropped call. Applicant’s claim 20 also distinguishes interruptions from dropped calls, and further distinguishes calls from data sessions, which is further evidence that these terms are not used by the applicant synonymously. Specification also does not provide enablement for the amended features because as mentioned the specification is limited to handover algorithms to ensure calls are not dropped. There is no disclosure of handover algorithms for “preventing interruptions” of “communication sessions” or “data sessions.” Further, the specification does not provide any steps to delineate HOW the algorithm ensures its stated goal of calls not being dropped. As there are numerous ways an algorithm could be structured to achieve this goal, it leaves too much room for experimentation and thus unduly broad for enablement. Claims 2-11, 13-15 and 17-19 are rejected as dependent claims containing the same deficiency. 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. Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200396761 A1 JEONG; Youngmin et. al. in view of US 20050096061 A1 Ji, Tingfang et al. Consider Claims 1, 12, 16 and 17 Jeong teaches A system for dynamic switching of frequency allocations of a network carrier (Figs. 1-3, 7, 12 and all accompanied text), the system comprising: a base station (Figs. 1-2 base station 110 [0045], [0051-58]) of the network carrier (Jeong Fig. 1, [0044] “wireless communication system”); a user equipment (UE) (Figs. 1-2 UE 120 130, [0046], [0059-67]), the UE comprising one or more antennas (Figs. 1-2 communicator 310 and antenna array [0062-63]) for receiving a first downlink signal from the base station (Figs. 1-2 [0062-63] “down-convert an RF band signal received via the antenna into a baseband signal”) and for transmitting a first uplink signal to the base station (Figs. 1-2 [0062-63] “up-convert a baseband signal into an RF band signal and then transmit the RF band signal via an antenna”), and a processor (Fig. 3, [0067] the controller 330 and communicator 310) the processor configure to: determine a first signal quality measurement for a signal quality of the first downlink signal between the base station of the network carrier and the UE (Fig. 1, Fig. 12 [0142] “the base station acquires information for determination of a situation of a terminal. The information includes at least one of measurement information reported by the terminal, a transmission rate of an uplink channel, an error rate of uplink information, or location estimation information of the terminal. “ [0146] “The terminal may measure channel quality (e.g., reference signal received power (RSRP) or reference signal received quality (RSRQ)”); determine an initial frequency allocation for the UE of frequency assigned to the network carrier based on the first signal quality measurement (Fig. 3, [0062] “The communicator 310 is configured to perform functions of transmitting or receiving a signal via a wireless channel.” determination of current frequency is implicit in order to transmit or receive; [0079] “determining whether to switch a state of the uplink control channel in the second carrier” determination of switching implies determining initial allocation of the previous or current channels in use); receive updated signal quality measurements for the UE (Fig. 12 [0142] “the base station acquires information for determination of a situation of a terminal. The information includes at least one of measurement information reported by the terminal, a transmission rate of an uplink channel, an error rate of uplink information, or location estimation information of the terminal. “ [0146] “The terminal may measure channel quality (e.g., reference signal received power (RSRP) or reference signal received quality (RSRQ)”) over a period of time subsequent to the determination of the initial frequency allocation for the UE (Fig. 1, [0011] “to provide an apparatus and a method for selectively using an uplink control channel according to a situation in a wireless communication system” thus inherent that method updates measurements over a period of time subsequent to the initial allocation in order to address current situation in a wireless communication system); determine the first signal quality measurement in relation to a signal quality range (Fig. 1, Fig. 12 [0146] “The terminal may measure channel quality (e.g., reference signal received power (RSRP) or reference signal received quality (RSRQ)” and “[the terminal] may report the measured channel quality to the base station. The base station may determine an electric field strength by using the reported measurement information. When the electric field strength exceeds a threshold, the base station may determine..” where RSRP & RSRQ are known in the art to be provided in a dB value that as a range and further taught comparison to threshold teaches determination in relation to a range); determine a location of the UE ([0149] “location information of the terminal may be used as the information. For example, the terminal may estimate a location thereof (e.g., by using a global positioning system (GPS)), and may transmit information on the estimated location to the base station” and [0150] “information which can be used to estimate a location of the terminal may be used as the information”); and update the initial frequency allocation for the UE to switch to a second frequency allocation of the network carrier from the initial frequency allocation of the network carrier ([0145] “the adaptive PUCCH operation technique of the present disclosure may be applied in dual connectivity (DC) of FR1-FR2”; Claim 3: “wherein the first cell corresponds to a frequency range 1 (FR1), and wherein the second cell corresponds to a frequency range 2 (FR2).”) based on at least one of the updated signal quality measurement ([0016] “for activation or deactivation of an uplink control channel in the second carrier based on an electric field strength of a channel with a terminal or a location of the terminal”; [0079] “determining whether to switch a state of the uplink control channel in the second carrier, based on at least one of a measurement report received from the terminal, an uplink data transmission rate, or an error rate of uplink control information.” [0153] Fig. 10 1001 and 1003, [0132] “In operation 1003, the terminal adds or releases an uplink control channel..”; See also Fig. 5A [0103] “(HARQ) acknowledge/negative acknowledge (ACK/NACK) information for downlink data in FR2 is transmitted via the uplink control channel in FR2, and HARQ ACK/NACK information for downlink data in FR1 is transmitted via the uplink control channel in FR1” thus frequency allocation implicit for uplink and downlink) and the location of the UE or [ ALTERNATIVELY FOR CLAIMS 12 AND 17] on movement of the UE from a first location associated with the initial frequency allocation to a second location associated with a second frequency allocation ( [0016] “..for activation or deactivation of an uplink control channel in the second carrier based on an electric field strength of a channel with a terminal or a location of the termina…l”; [0080] “..determining whether to switch a state of the uplink control channel in the second carrier, based on the location of the terminal or a distance between the base station and the terminal..”); Jeong, as cited above, teaches initiate a switch to the second frequency allocation of the network carrier from the initial frequency allocation of the network carrier (See activation & deactivation steps as cited ¶16, ¶80, ¶145, ¶155). Further, Jeong in the analysis teaching the system of claim 1 above, also teaches a computer-implemented method for dynamic switching of frequency allocation of claim 12 and the non-transitory computer storage media storing computer-useable instructions that, when used by one or more processors, cause the processor, of claim 17. [ADDITIONALLY FOR CLAIM 17]: determine a location of the UE is changing from the first location to a second location, wherein the first location is associated with the initial frequency allocation and the second location is associated with a second frequency allocation of the network carrier ( [0016] “..for activation or deactivation of an uplink control channel in the second carrier based on an electric field strength of a channel with a terminal or a location of the termina…l”; [0080] “..determining whether to switch a state of the uplink control channel in the second carrier, based on the location of the terminal or a distance between the base station and the terminal..” thus determination is implicit). Jeong does not teach initiate a handover algorithm to maintain an ongoing communication session of the UE during the switch to the second frequency allocation of the network carrier from the initial frequency allocation of the network carrier, such that the ongoing communication session is uninterrupted during the switch to the second frequency allocation. Ji, in the same field of art, teaches initiate a handover algorithm to maintain an ongoing communication session of the UE during the switch to the second frequency allocation of the network carrier from the initial frequency allocation of the network carrier, such that the ongoing communication session is uninterrupted during the switch to the second frequency allocation (Ji e.g. ¶54 “ The layered reuse techniques can conveniently support handoff, which refers to the transfer of a user from a current serving base station to another base station that is deemed better. Handoff may be performed as needed to maintain good channel conditions for users on the edge of sector coverage. . . . A CDMA system supports "soft" and "softer" handoffs, so that a user cans simultaneously maintain communication with multiple cells (for soft handoff) or multiple sectors (for softer handoff). Soft and softer handoffs can provide additional mitigation against fast fading.”) It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the invention of JEONG to include the noted teachings of JI in order to maintain good conditions for users on the cell edge. (Ji ¶54). Consider Claim 2, 13 and 18 Jeong teaches The system of claim 1, and the first signal quality measurement ([0146] “The terminal may measure channel quality (e.g., reference signal received power (RSRP) or reference signal received quality (RSRQ)”). The combination teaches wherein the first signal quality measurement is based on signal-to-interference and noise (SINR) (See Ji ¶50 ‘SINR’). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the invention of JEONG to include the noted teachings of JI in order to provide a number of signal factors for subband allocation. (Ji ¶50) Consider Claim 3 and 14. JEONG teaches The system of claim 1, wherein the location of the UE is based on the UE within a coverage area of the cell site (Fig. 7, Fig. 12, [0143] “In operation 1203, the base station determines whether to add or release an uplink control channel, based on the acquired information. The base station may determine whether the terminal is located in a coverage of an uplink control channel in a second carrier having a frequency higher than that of a first carrier, based on the acquired information, and may determine whether to switch a state of the uplink control channel in the second carrier, based on whether the terminal is located in the coverage of the uplink control channel in the second carrier”). Consider Claim 4, 15, and 19. JEONG teaches The system of claim 3, wherein the location of the UE within the coverage area of the cell site is one of near an edge of the cell site or near the middle of the cell site (Fig. 7, [0115] “ a coverage of a base station is divided into two areas 710 and 720. The first area 710 is a coverage in a case where an uplink control channel is not used in a second carrier belonging to a high-frequency range, and the second area 720 is a coverage in a case where the uplink control channel is used in the second carrier belonging to the high-frequency range”). Consider Claim 5, 16 JEONG teaches The system of claim 4, further comprising switching frequency allocations based on the location of the UE changing within the coverage area of the cell site (Fig. 7, [0116] “..When the terminal is located in the second area 720, the base station may activate the uplink control channel in the second carrier, … Further, when the terminal is located outside the second area 720, the base station may deactivate the uplink control channel in the second carrier..thus may control to transmit, on the first carrier, ACK/NACK information for downlink data of the second carrier…” “control of the uplink control channel in the second carrier, that is, switching of the number of activated uplink control channels, is performed at a boundary between the first area 710 and the second area 720. “ Fig. 12, [0143] “…may determine whether to switch a state of the uplink control channel in the second carrier, based on whether the terminal is located in the coverage of the uplink control channel in the second carrier”). Consider Claim 6. JEONG teaches The system of claim 1, wherein the first frequency allocation (FR 1) differs from the second frequency allocation (FR 2) ([0094-95] Table 1 “FR1  410 MHz-7125 MHz FR2 24250 MHz-52600 MHz” [0153] the first carrier belonging to a low-frequency range and the second carrier belonging to a high-frequency range). Consider Claim 7. JEONG teaches The system of claim 6, wherein FR 1 is between 4.1 GHz and 7.125 GHz and wherein FR 2 is between 24.25 GHz and 52.6 GHz ([0094-95] Table 1 “FR1  410 MHz-7125 MHz FR2 24250 MHz-52600 MHz” [0153] the first carrier belonging to a low-frequency range and the second carrier belonging to a high-frequency range). Consider Claim 8. JEONG teaches The system of claim 6, wherein FR 1 is used near an edge of the cell site (Fig. 7, [0115] “..The first area 710 is a coverage in a case where an uplink control channel is not used in a second carrier belonging to a high-frequency range, and the second area 720 is a coverage in a case where the uplink control channel is used in the second carrier belonging to the high-frequency range…”). Consider Claim 9. JEONG teaches The system of claim 6, wherein FR 2 is used near the base station of the cell site (Fig. 7, [0115] “..The first area 710 is a coverage in a case where an uplink control channel is not used in a second carrier belonging to a high-frequency range, and the second area 720 is a coverage in a case where the uplink control channel is used in the second carrier belonging to the high-frequency range…”). Consider Claim 10. JEONG teaches The system of claim 6, wherein either FR 1 or FR 2 is used in the middle of the cell site (Fig. 7, [0115] “..The first area 710 is a coverage in a case where an uplink control channel is not used in a second carrier belonging to a high-frequency range, and the second area 720 is a coverage in a case where the uplink control channel is used in the second carrier belonging to the high-frequency range…”). Consider Claim 11. JEONG teaches The system of claim 10, wherein using either FR 1 or FR 2 is based on the SINR or a congestion metric (Fig. 1, Fig. 12 [0146] “The terminal may measure channel quality (e.g., reference signal received power (RSRP) or reference signal received quality (RSRQ)” and “[the terminal] may report the measured channel quality to the base station. The base station may determine an electric field strength by using the reported measurement information. When the electric field strength exceeds a threshold, the base station may determine..” where RSRQ may indicate congestion thus a congestion metric). Consider Claim 20 JEONG teaches wherein the handover algorithm is configured to maintain continuity of the ongoing communication session by preventing interruption or dropping of an active call or data session during the switch to the second frequency allocation Pertinent Prior Art(s) The prior art made of record though not relied upon in the current rejection is considered pertinent to applicant's disclosure: US 20230189315 A1 HAUSTEIN; Thomas et al. [0031] Millimetre-Wave Spectrum and Frequency Range Two [0032] In connection with 3GPP standardization of new radio (NR), two frequency ranges have been defined: FR1 from 410 MHz to 7,125 MHz and FR2 from 24.25 GHz to 52.6 GHz. [0815] FIG. 14 shows a schematic flow chart of a method for operating a device in a bidirectional wireless communication network in a first operating mode in which the device is in a connected mode during a first time interval and in a second operating mode, in which the device at most performs passive communication during a second, different time interval. For example, method 1000 being illustrated may be used to operate device 11. Method 1000 comprises a step 1010 for operating the device in the first operating mode and obtaining, using the device, a set of measurement results comprising at least one measurement result by measuring or determining a radio link parameter associated with an operation of the wireless communication network. A step 1020 comprises generating, using the device, a measurement report comprising a set of results having at least one measurement result of the set of measurement results and transmitting the measurement report to an entity of the wireless communication network. KR 20090004164 A JUNG YOUNG HO et al. 3A to 3F illustrate examples of using frequency resources of a micro cell that rents a macro cell resource according to an exemplary embodiment of the present invention. Herein, the micro cell allocates resources based on the location of the user terminal, channel quality, transmission data, and the like, to the f1-UL borrowed from the macro cell. In this case, in order to minimize the interference on the macro cell, the rental resource f1-UL is used for a terminal located in the center of the micro cell region, and the terminal located at the edge of the micro cell region is a f2-UL / DL dedicated resource for the micro cell. You can apply additional methods of sharing resources by using. KR 20200082230 A Jeongsik DONG et al. Referring to FIG. 6, in step 601, the base station may acquire channel quality information. The base station can obtain channel quality information for a vehicle device connected to the base station. In the present disclosure, the channel quality is, for example, beam reference signal received power (BRSRP), reference signal received power (RSRP), reference signal received quality (RSRQ), received signal strength indicator (RSSI), signal to interference and SINR. Noise ratio (CINR), carrier to interference and noise ratio (CINR), signal to noise ratio (SNR), error vector magnitude (EVM), bit error rate (BER), or block error rate (BLER). In addition to the examples described above, other terms having equivalent technical meanings or other metrics indicating channel quality may be used. In the present disclosure, a high channel quality means that the channel quality value related to signal size is large or the channel quality value related to error rate is small. As the channel quality is higher, it may mean that a smooth wireless communication environment is guaranteed. According to various embodiments, the higher the channel quality for the serving base station (or serving cell), the more the base station can determine that the vehicle device is located in the center of the cell. Conversely, the lower the channel quality of the serving base station, the more the base station can determine that the vehicle device is located at the cell edge. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to UMAIR AHSAN whose telephone number is (571)272-1323. The examiner can normally be reached Monday - Friday 10-5 PM EST or by emailing UMAIR.AHSAN@USPTO.GOV. 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, Alison Slater can be reached on (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /UMAIR AHSAN/Primary Examiner, Art Unit 2647
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Prosecution Timeline

Show 1 earlier event
Sep 09, 2024
Non-Final Rejection mailed — §103, §112
Dec 09, 2024
Response Filed
Feb 06, 2025
Final Rejection mailed — §103, §112
May 06, 2025
Request for Continued Examination
May 09, 2025
Response after Non-Final Action
Jul 29, 2025
Non-Final Rejection mailed — §103, §112
Oct 29, 2025
Response Filed
Dec 23, 2025
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

5-6
Expected OA Rounds
69%
Grant Probability
99%
With Interview (+32.4%)
2y 8m (~0m remaining)
Median Time to Grant
High
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