DETAILED ACTION
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 .
Response to Amendment
The amendment filed November 14, 2025 has been accepted and entered. Accordingly, claims 1, 11 and 17 have been amended.
Claims 1-20 are pending in this application.
Response to Amendment
Applicant's arguments filed November 14, 2025 have been fully considered but they are not persuasive.
Regarding the Applicant’s argument that “the present application teaches a specific dual connectivity architecture where ‘a dual connectivity cell 300 can include a master cell group (MCG) 302 and at least one secondary cell group (SCG) 304’ with ‘the MCG 302 is connected to the SCG 304 through dual connectivity” and where “the secondary cell group (SCG) 304 is in communication with Pcell 312.’ Zhang does not teach this architecture” (Response filed November 14, 2025, Page 2), Zhang teaches “the UE 402 may communicate with a eNB 404 over a LTE link 410. In parallel with the LTE link 410, the UE 402 may also communicate with a first BS 406 over a first mmW link 412 and communicate with a second BS 408 over a second mmW link 414” (Zhang paragraph [0050]). Under the broadest reasonable interpretation of a claim, Zhang teaches a dual connectivity network as recited in claims 1. 11 and 17.
Applicant’s other arguments with respect to claims 1, 11 and 17 have been considered but are moot because new ground of rejection relies on the reference not applied in the prior rejection of record for any teaching or matter specifically challenged in the arguments.
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 (i.e., changing from AIA to pre-AIA ) 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, 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 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 1-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over patent application publication US 20150382370 A1, Zhang et. al., hereby known as Zhang, patent application publication US 20110256870 A1, Park et al., hereby referred to as Park and patent application publication US 20210112556 A1, Wei, hereby referred to as Wei.
Regarding claim 1
Zhang teaches a method for dynamic carrier aggregation in a dual connectivity network, comprising (Zhang paragraph [0068] a second set of channels is determined by choosing channels from a first set of channels based on channel condition measurements, Zhang paragraph [0070] UE receives updated channel condition, when the channel condition of a candidate channel is below a threshold, the UE refrains from transmitting data via that channel. Updates imply dynamic. Zhang paragraph [0050] and figure 4, the UE 402 may communicate with a eNB 404 over a LTE link 410. In parallel with the LTE link 410, the UE 402 may also communicate with a first BS 406 over a first mmW link 412 and communicate with a second BS 408 over a second mmW link 414): determining a channel condition for each channel of a plurality of channels being used to communicate between a cell and a user equipment (UE) (Zhang paragraph [0068] UE may track a channel condition of each channel in the first set of channels for communicating with a base station; Zhang figure 2, depicts cellular regions 202, UEs 206, various eNBs 204, 208, connected to each other).
Although Zhang uses measured channel condition to perform one or more carrier aggregation modifications as noted above, and the utilization is one type of channel conditions, Zhang does not teach determining a utilization of each of the plurality of channels.
Park teaches determining a utilization of each of the plurality of channels (Park paragraph [0033], base station 20 a may determine a wireless-link loading metric for each identified wireless link. Park paragraph [0037] base station determines a coverage area loading metric for each identified wireless link, indicating that the identified wireless links are set of channels assigned to UE in the coverage area).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang, so that a base station determines loading metric for each link, as taught by Park. The modification would have allowed the change of communication by the system from a current wireless link to a new wireless link that accounts for both channel quality and loading on the available wireless links (Park paragraph [0002]).
Although teaching determining channel condition and utilization of each channel, Zhang and Park do not explicitly disclose determining a location of the UE; and based on each of the channel condition, the utilization of each of the plurality of channels, and the location of the UE, performing one or more carrier aggregation modifications, the modifications comprising removing one or more of the plurality of channels from a set of channels assigned to the UE or adding the one or more of the plurality of channels to the set of channels assigned to the UE.
Wei is directed to providing method, base station, terminal and communication system for updating component carrier. More specifically, Wei teaches determining a location of the UE (Wei paragraph [0114], the terminal includes: a terminal information acquiring unit for acquiring the terminal position information and/or the carrier distribution information corresponding to the terminal position. Wei paragraph [0115], The position of the terminal can be jointly determined by multiple base stations), and based on each of the channel condition, the utilization of each of the plurality of channels, and the location of the UE, performing one or more carrier aggregation modifications (Wei paragraph [0082], the candidate component carrier can be determined according to the position where the terminal is located. Wei paragraph [0088], similarly, one carrier can be selected with other conditions further taken into consideration. Wei paragraph [0089], likewise, the signal quality and the load conditions of each carrier can also be used as the basis for selecting the component carrier. These factors, including the position where the terminal is located can have different weights. Wei paragraph [0157], The above embodiments have described how to select a component carrier, including the primary component carrier and the secondary component carrier. Wei paragraph [0158], After the component carrier is selected, it is necessary to switch from the old primary component carrier to the selected new primary component carrier, or add the selected new secondary component carrier, or replace a certain old secondary component carrier with the selected new secondary component carrier (actually the combination of an adding action and a deleting action). Further, it is also necessary to appropriately determine the opportunity for updating or adding the component carrier), the modifications comprising removing one or more of the plurality of channels from a set of channels assigned to the UE or adding the one or more of the plurality of channels to the set of channels assigned to the UE (Wei paragraph [0158], After the component carrier is selected, it is necessary to switch from the old primary component carrier to the selected new primary component carrier, or add the selected new secondary component carrier, or replace a certain old secondary component carrier with the selected new secondary component carrier (actually the combination of an adding action and a deleting action). Further, it is also necessary to appropriately determine the opportunity for updating or adding the component carrier. Wei paragraph [0099], when it is necessary to add a secondary component carrier, a new secondary component carrier can be selected from the available carriers that have not been configured (i.e., assigned to the UE)).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang and Park, so that a terminal modifies the carrier aggregation based on the position of the terminal, as taught by Wei. The modification would have provided a method and a device for selecting a component carrier with the variation in the terminal (Wei [Para. 0006-0007]).
Regarding claim 2
Zhang, Park and Wei teach the method of claim 1,
Zhang teaches further comprising assigning the UE to an additional channel enabled based on a utilization of a plurality of the channels exceeding a utilization threshold (Zhang paragraphs [0060-0062] channels chosen for transmission are determined by results of beamtracking. This channel determination may be performed periodically. Zhang paragraph [0066] number of channels chosen for transmission also dependent on the results of beamtracking. May be large if the channels are all equally high-quality. Park paragraph [0041], base station 20 a may eliminate from consideration any identified wireless link that fails to satisfy one or more of a channel-quality threshold (e.g., 6 or 12 dB) and a wireless-link loading threshold (e.g., 70%). Park paragraph [0038], base station 20a selects a new wireless link based on the wireless-link loading metrics for the identified wireless links).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang and Wei, so that a base station selects a new wireless link based on the wireless-link loading metrics for the identified wireless links, as taught by Park. The modification would have allowed the change of communication by the system from a current wireless link to a new wireless link that accounts for both channel quality and loading on the available wireless links (Park paragraph [0002]).
Regarding claim 3
Zhang, Park and Wei teach the method of claim 1,
Zhang teaches wherein the cell is a primary cell (Pcell) (Zhang figure 2, UE 206 connected with eNB 204, Zhang paragraph [0030] eNB 204 of cell 202 responsible for all radio related functions including radio bearer control, admission control, mobility control, scheduling, security, and connectivity to the serving gateway 116.).
Regarding claim 4
Zhang, Park and Wei teach the method of claim 1,
Zhang teaches wherein the cell is a secondary cell (Scell) (Zhang figure 2, UE 206 connected with eNB 208, Zhang paragraph [0030] Lower power eNB 208 with cellular region 210 overlapping with cell 202.).
Regarding claim 6
Zhang, Park and Wei teach the method of claim 1,
Zhang teaches further comprising disabling a number of channels assigned to the UE (Zhang paragraphs [0061] the transmitter transmits the data over a number of high-quality channels [0068], [0070] performs carrier aggregation and may refrain from using a channel based on channel condition going below a threshold).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over patent application publication US 20150382370 A1, Zhang et. al., hereby known as Zhang, patent application publication US 20110256870 A1, Park et al., hereby referred to as Park, patent application publication US 20210112556 A1, Wei, hereby referred to as Wei and patent application EP0639929A1, Leuders et al., hereby referred to as Leuders.
Regarding claim 5
Zhang, Park and Wei teach the method of claim 1,
Park teaches determining the utilization of each links (see para. [0033]) and Xu teaches removal of channel from the set (para. [0107]), the references do not teach comparison of utilization of channels.
Zhang, Park and Wei do not teach further comprising determining that utilization of a second channel of the plurality of channels is less than utilization of a first channel and removing the second channel from the set of channels assigned to the UE.
Leuders teaches further comprising determining that utilization of a second channel of the plurality of channels is less than utilization of a first channel and removing disabling the second channel from the set of channels assigned to the UE (Leuders [Page 2 second paragraph], It is already known from DE-OS 2 423 477 to perform dynamic channel allocation in sectors of a cell as an alternative to the fixed channel allocation. In this known dynamic channel allocation, the frequencies of the transceivers at the base stations are controlled by a central processor. The control is expedient carried out in such a way that an adaptation to a higher traffic load in one sector takes place by removing channels in less loaded sectors).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to remove channels of lower utilization (Leuders paragraph [Page 2, paragraph 5] an efficient channel allocation is made possible with little effort).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over patent application publication US 20150382370 A1, Zhang et. al., hereby known as Zhang, patent application publication US 20110256870 A1, Park et al., hereby referred to as Park, patent application publication US 20210112556 A1, Wei, hereby referred to as Wei and patent application publication US 20210258808 A1, Mahimkar et. al., hereby referred to as Mahimkar.
Regarding claim 7
Zhang, Park and Wei teach the method of claim 1,
Zhang, Park and Wei do not teach wherein determining a channel condition is based on a signal-to-interference and noise (SINR) ratio.
Mahimkar teaches wherein determining a channel condition is based on a signal-to-interference and noise (SINR) ratio (Mahimkar paragraph [0043] network performance measurements are done at the channel level. Network performance measurements include SINR.).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to make a variety of reliable and well understood measurements including the signal-to-interference-and-noise ratio that would be useful in determining channel condition (Mahimkar paragraph [0043]).
Regarding claim 8
Zhang, Park and Wei teach the method of claim 1,
Zhang, Park and Wei do not teach wherein determining the utilization of the plurality of channels is based on an amount of physical resource blocks assigned (PRBs).
Mahimkar teaches wherein determining the utilization of the plurality of channels is based on an amount of physical resource blocks assigned (PRBs) (Mahimkar paragraph [0043] network performance measurements are done at the channel level. Network performance measurements include PRB utilization.).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to make a variety of reliable and well understood measurements including the PRB utilization that would be useful in determining channel utilization (Mahimkar paragraph [0043]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over patent application publication US 20150382370 A1, Zhang et. al., hereby known as Zhang, patent application publication US 20110256870 A1, Park et al., hereby referred to as Park, patent application publication US 20210112556 A1, Wei, hereby referred to as Wei and patent application publication US 20170041922 A1, Chen et. al., hereby referred to as Chen922.
Regarding claim 9
Zhang, Park and Wei teach the method of claim 1,
Zhang, Park and Wei do not teach wherein determining a channel condition is based on a reference signal received power (RSRP) measurement.
Chen922 teaches wherein determining a channel condition is based on a reference signal received power (RSRP) measurement (Chen922 paragraph [0007], [0120] channel conditions may be measured to choose thresholds used in determining which format to use in uplink control information transmission. Channel conditions may be based on RSRP, CSI reporting, PHR, or other measures of channel conditions at the UE level or for groups of UEs).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to determine, based on thresholds determined by channel conditions, the best control information format to use (Chen922 paragraph [0010], [0120]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over patent application publication US 20150382370 A1, Zhang et. al., hereby known as Zhang, patent application publication US 20110256870 A1, Park et al., hereby referred to as Park, patent application publication US 20210112556 A1, Wei, hereby referred to as Wei and patent application publication US 20130016639 A1, Xu et al., hereby referred to as Xu.
Regarding claim 10
Zhang, Park and Wei teach the method of claim 6.
Although teach modifying carrier aggregation based on channel condition, utilization and terminal location, the references do not explicitly disclose wherein removing a number of channels assigned to a user equipment is based on at least one of the utilization and the channel condition measuring below a predetermined threshold.
Xu is directed to providing method and apparatus for performing carrier management in carrier aggregation system. More specifically, Xu teaches wherein removing a number of channels assigned to a user equipment is based on at least one of the utilization and the channel condition measuring below a predetermined threshold (Xu paragraphs [0107], when it is determined that an additional carrier having a signal quality strength lower than a predetermined threshold is existed in the downlink carrier set, the base station removes the additional carrier having the signal quality strength lower than the predetermined threshold from the downlink carrier set, and transmits a signaling that carries a removal indication to the UE to indicate the UE to perform corresponding removal operation).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang, Park and Wei, so that removal of a carrier is based on the carrier having signal quality lower than a threshold, as taught by Xu. The modification would have allowed the additional carrier to be effectively managed according to the traffic volume demand of the UE (Xu paragraph [0040]).
Claims 11-12, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over patent application publication US 20150382370 A1, Zhang et. al., hereby known as Zhang, patent application publication US 20110256870 A1, Park et al., hereby referred to as Park, patent application publication US 20210112556 A1, Wei, hereby referred to as Wei and patent application publication CN107396444B, Chen et al., hereby referred to as Chen.
Regarding claim 11
Zhang teaches a system for dynamic carrier aggregation in a dual connectivity network, comprising (Zhang paragraph [0068] a second set of channels is determined by choosing channels from a first set of channels based on channel condition measurements, Zhang paragraph [0070] UE receives updated channel condition, when the channel condition of a candidate channel is below a threshold, the UE refrains from transmitting data via that channel. Updates imply dynamic. Zhang paragraph [0050] and figure 4, the UE 402 may communicate with a eNB 404 over a LTE link 410. In parallel with the LTE link 410, the UE 402 may also communicate with a first BS 406 over a first mmW link 412 and communicate with a second BS 408 over a second mmW link 414): a cell in communication with a user equipment (UE) (Zhang figure 2, depicts cellular regions 202, UEs 206, various eNBs 204, 208, connected to each other), the UE incorporating one or more processors configured to perform a method comprising (Zhang paragraph [0022], any whole, portion, or combination of elements in Zhang may be implemented with a processor and instructions to perform various functionalities described through the disclosure): determining a first signal quality measurement of a first downlink signal between the cell and the UE (Zhang paragraph [0063] After each round of beamtracking, conditions of candidate channels may be reevaluated based on feedback that includes signal-to-noise ratio SNR, thereby teaching a signal quality measurement, SNR, of a downlink signal; Zhang figure 2, UE 206 connected to eNB 204 of cell 202); determining a set of channels allocated to the UE (Zhang paragraph [0068], a UE determines a first set of channels), wherein the set of channels comprises a plurality of channels (Zhang paragraph [0068], a UE determines a first set of channels); determining a loading metric for each of the plurality of channels allocated to the UE (Zhang paragraph [0068], a UE determines a first set of channels).
Although channel condition is a broad term that include loading metric indicating utilization of the channel, Zhang does not specifically teach determining a loading metric for each of the plurality of channels allocated to the UE.
Park teaches determining a loading metric for each of the plurality of channels allocated to the UE (Park paragraph [0033], base station 20 a may determine a wireless-link loading metric for each identified wireless link. Park paragraph [0037] base station determines a coverage area loading metric for each identified wireless link, indicating that the identified wireless links are set of channels assigned to UE in the coverage area).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang, so that a base station determines loading metric for each link, as taught by Park. The modification would have allowed the change of communication by the system from a current wireless link to a new wireless link that accounts for both channel quality and loading on the available wireless links (Park paragraph [0002]).
Although teaching determining channel condition and utilization of each channel, Zhang and Park do not explicitly disclose Although teaching determining channel condition and utilization of each channel, Zhang and Park do not explicitly disclose determining a location of the UE; and performing one or more carrier aggregation modifications based on each of the first signal quality measurement, the loading metric, and the location of the UE, wherein the one or more carrier aggregation modifications comprise removing a first channel of the plurality of channels from a set of assigned channels for the UE where both the loading metric is less than a utilization threshold and the first signal quality measurement is below a signal quality threshold.
Wei is directed to providing method, base station, terminal and communication system for updating component carrier. More specifically, Wei teaches determining a location of the UE (Wei paragraph [0114], the terminal includes: a terminal information acquiring unit for acquiring the terminal position information and/or the carrier distribution information corresponding to the terminal position. Wei paragraph [0115], The position of the terminal can be jointly determined by multiple base stations), and performing one or more carrier aggregation modifications based on each of the first signal quality measurement, the loading metric, and the location of the UE (Wei paragraph [0082], the candidate component carrier can be determined according to the position where the terminal is located. Wei paragraph [0088], similarly, one carrier can be selected with other conditions further taken into consideration. Wei paragraph [0089], likewise, the signal quality and the load conditions of each carrier can also be used as the basis for selecting the component carrier. These factors, including the position where the terminal is located can have different weights. Wei paragraph [0157], The above embodiments have described how to select a component carrier, including the primary component carrier and the secondary component carrier. Wei paragraph [0158], After the component carrier is selected, it is necessary to switch from the old primary component carrier to the selected new primary component carrier, or add the selected new secondary component carrier, or replace a certain old secondary component carrier with the selected new secondary component carrier (actually the combination of an adding action and a deleting action). Further, it is also necessary to appropriately determine the opportunity for updating or adding the component carrier), wherein the one or more carrier aggregation modifications comprise removing a first channel of the plurality of channels from a set of assigned channels for the UE where both the loading metric is less than a utilization threshold and the first signal quality measurement is below a signal quality threshold (Wei paragraph [0158], After the component carrier is selected, it is necessary to switch from the old primary component carrier to the selected new primary component carrier, or add the selected new secondary component carrier, or replace a certain old secondary component carrier with the selected new secondary component carrier (actually the combination of an adding action and a deleting action). Further, it is also necessary to appropriately determine the opportunity for updating or adding the component carrier. Wei paragraph [0099], when it is necessary to add a secondary component carrier, a new secondary component carrier can be selected from the available carriers that have not been configured (i.e., assigned to the UE)).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang and Park, so that a terminal modifies the carrier aggregation based on the position of the terminal, as taught by Wei. The modification would have provided a method and a device for selecting a component carrier with the variation in the terminal (Wei [Para. 0006-0007])
Although teaching carrier aggregation modification based on determined channel condition, utilization of each channel, and the location of UE as noted above, the references do not explicitly disclose wherein the one or more carrier aggregation modifications comprise removing a first channel of the plurality of channels from a set of assigned channels for the UE where both the loading metric is less than a utilization threshold and the first signal quality measurement is below a signal quality threshold.
Chen is directed to providing method and device for dynamically adjusting carrier of small cell. More specifically, Chen teaches wherein the one or more carrier aggregation modifications comprise removing a first channel of the plurality of channels from a set of assigned channels for the UE where both the loading metric is less than a utilization threshold and the first signal quality measurement is below a signal quality threshold (Chen paragraph [82], Step 101: Obtain interference information and load information of a target small cell. Chen paragraph [86], The interference information is the interference intensity of the small cell interfered by other small cells. Chen paragraph [87], Step 102: When the interference information of the target small cell is greater than the preset upper interference threshold and the load information is lower than the preset lower load threshold, delete the first carrier in the working carrier set of the target small cell. Chen paragraph [92], Step 103: When the interference information of the target small cell is greater than the preset upper interference threshold, and the load information is higher than the preset load working threshold, delete the second carrier in the working carrier set of each neighboring cell of the target small cell [Examiner’s Note: Interference such as SNR and SINR (teaching of Zhang) is a measure of signal quality of a channel and load is a measure of utilization]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang, Park and Wei, so that the carrier is deleted of which signal quality and load are below thresholds, as taught by Chen. The modification would have allowed the carriers between the small cells are staggered as much as possible, thereby reducing the interference between the small cells (Chen paragraph [0068]).
Regarding claim 12
Zhang, Park, Wei and Chen teach the apparatus of claim 11,
Further, the references teach further comprising consolidating from a first set of channels to a second set of channels by removing one or more channels of the first set of channels (Zhang paragraph [0068] determines a second set of channels containing a number of channels from a first set of channels which have good channel condition values. Zhang paragraph [0070], When the updated channel condition of the respective candidate channel is below the threshold, the UE may refrain from transmitting the data via the respective candidate channel; Chen paragraph [92], Step 103: When the interference information of the target small cell is greater than the preset upper interference threshold, and the load information is higher than the preset load working threshold, delete the second carrier in the working carrier set of each neighboring cell of the target small cell), wherein the second set of channels has fewer channels than the first set of channels (Zhang paragraph [0068] determines a second set of channels containing a number of channels from a first set of channels which have good channel condition values).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to improve change of communication when a carrier not meeting interference and load thresholds is deleted (Chen paragraph [0068], the carriers between the small cells are staggered as much as possible, thereby reducing the interference between the small cells).
Regarding claim 17
Zhang teaches a computer-implemented method for dynamic carrier aggregation in a dual connectivity network comprising (Zhang paragraph [0022], any whole, portion, or combination of elements in Zhang may be implemented with a processor and instructions to perform various functionalities described through the disclosure; Zhang paragraph [0070], UE receives updated channel condition, when the channel condition of a candidate channel is below a threshold, the UE refrains from transmitting data via that channel. Zhang paragraph [0050] and figure 4, the UE 402 may communicate with an eNB 404 over a LTE link 410. In parallel with the LTE link 410, the UE 402 may also communicate with a first BS 406 over a first mmW link 412 and communicate with a second BS 408 over a second mmW link 414): determining a channel condition for each channel in a plurality of channels being used to communicate between a cell and a user equipment (UE) (Zhang figure 1, 102 UE connected to 130 Base Station, cell in comms with UE; Zhang paragraph [0068], a UE determines a first set of channels, the channel conditions in this first set can later be used as a metric to determine the channels of the first set that will be chosen for a second set); and based on both the channel condition being below a first threshold and the utilization of each channel of the plurality of channels being below a second threshold (Zhang paragraph [0063] After each round of beamtracking, conditions of candidate channels may be reevaluated based on feedback that includes signal-to-noise ratio SNR, a signal quality measurement; Zhang paragraph [0070] UE receives updated channel condition, when the channel condition of a candidate channel is below a threshold, the UE refrains from transmitting data via that channel).
Although channel condition is a broad term that include loading metric indicating utilization of the channel, Zhang does not specifically teach Zhang does not teach determining a utilization of each of the plurality of channels.
Park teaches determining a utilization of each of the plurality of channels (Park paragraph [0033], base station 20a determines a wireless-link loading metric for each identified wireless link. Park paragraph [0037] base station determines a coverage area loading metric for each identified wireless link, indicating that the identified wireless links are set of channels assigned to UE in the coverage area).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang, so that a base station determines loading metric for each link, as taught by Park. The modification would have allowed the change of communication by the system from a current wireless link to a new wireless link that accounts for both channel quality and loading on the available wireless links (Park paragraph [0002]).
Although teaching determining channel condition and utilization of each channel, Zhang and Park do not explicitly disclose determining a location of the UE; dynamically prioritizing carriers of the plurality of channels based on both the channel condition and the utilization; and based on each of the channel condition being below a first threshold, the utilization of each channel of the plurality of channels being below a second threshold, and the location of the UE, removing one or more of the plurality of channels from a set of channels assigned to the UE.
Wei is directed to providing method, base station, terminal and communication system for updating component carrier. More specifically, Wei teaches determining a location of the UE (Wei paragraph [0114], the terminal includes: a terminal information acquiring unit for acquiring the terminal position information and/or the carrier distribution information corresponding to the terminal position. Wei paragraph [0115], The position of the terminal can be jointly determined by multiple base stations), dynamically prioritizing carriers of the plurality of channels based on both the channel condition and the utilization (We paragraph [0066], the terminal 250 is within both of the coverage ranges of the two carriers F1 and F2, If no other condition is considered, the two carriers F1 and F2 have identical priority. Alternatively, one carrier is selected from the two carriers F1 and F2 with other conditions further taken into consideration. Wei paragraph [0067], signal quality and load conditions of each carrier can be used as the basis for selecting the component carrier [Examiner’s Note: carriers have different priorities based on signal quality and load conditions]. Wei paragraph [0186], the conditions taken into consideration for updating the secondary component carrier can include : Wei paragraph [0188], The terminal moves out of the coverage range of the old secondary component carrier: Wei paragraph [0189], The signal quality of the old secondary component carrier is degraded; Wei paragraph [0190], The physical resource amount for uplink and physical resource amount for downlink of the old secondary component carrier is not enough [Examiner’s Note: The conditions to change carrier indicate the prioritization of carriers for selection is not static]); and based on each of the channel condition being below a first threshold, the utilization of each channel of the plurality of channels being below a second threshold, and the location of the UE, removing one or more of the plurality of channels from a set of channels assigned to the UE (Wei paragraph [0082], the candidate component carrier can be determined according to the position where the terminal is located. Wei paragraph [0088], similarly, one carrier can be selected with other conditions further taken into consideration. Wei paragraph [0089], likewise, the signal quality and the load conditions of each carrier can also be used as the basis for selecting the component carrier. These factors, including the position where the terminal is located can have different weights).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang and Park, so that carriers are prioritized based on signal quality and load condition and carriers are removed based on signal quality, load condition and location of the terminal, as taught by Wei. The modification would have provided a method and a device for selecting a component carrier with the variation in the terminal (Wei [Para. 0006-0007]).
Although teaching removal of carriers based on signal quality, load condition and location of the terminal, Zhang, Park and Wei do not explicitly disclose and based on each of the channel condition being below a first threshold, the utilization of each channel of the plurality of channels being below a second threshold, and the location of the UE, removing one or more of the plurality of channels from a set of channels assigned to the UE.
Chen teaches and based on each of the channel condition being below a first threshold, the utilization of each channel of the plurality of channels being below a second threshold, and the location of the UE, removing one or more of the plurality of channels from a set of channels assigned to the UE (Chen paragraph [82], Step 101: Obtain interference information and load information of a target small cell. Chen paragraph [86], The interference information is the interference intensity of the small cell interfered by other small cells. Chen paragraph [87], Step 102: When the interference information of the target small cell is greater than the preset upper interference threshold and the load information is lower than the preset lower load threshold, delete the first carrier in the working carrier set of the target small cell. Chen paragraph [92], Step 103: When the interference information of the target small cell is greater than the preset upper interference threshold, and the load information is higher than the preset load working threshold, delete the second carrier in the working carrier set of each neighboring cell of the target small cell [Examiner’s Note: Interference such as SNR and SINR (teaching of Zhang) is a measure of signal quality of a channel and load is a measure of utilization]).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to improve change of communication when a carrier not meeting interference and load thresholds is deleted (Chen paragraph [0068], the carriers between the small cells are staggered as much as possible, thereby reducing the interference between the small cells).
Regarding claim 20
Zhang, Park, Wei and Chen teach the computer-implemented method of claim 17,
Zhang teaches further comprising adding an additional channel to the plurality of channels when both the channel condition exceeds a first threshold and the utilization of each channel of the plurality of channels exceeds a second threshold (Zhang paragraphs [0060-0062] channels chosen for transmission are determined by results of beamtracking. This channel determination may be performed periodically. Zhang paragraph [0066] number of channels chosen for transmission also dependent on the results of beamtracking. May be large if the channels are all equally high-quality. Park paragraph [0041], base station 20 eliminates from consideration any identified wireless link that fails to satisfy one or more of a channel-quality threshold (e.g., 6 or 12 dB) and a wireless-link loading threshold (e.g., 70%). Park paragraph [0038], base station 20a then selects a new wireless link based on the channel-quality metrics and the wireless-link loading metrics for the identified wireless links).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to change of the communication from a current wireless link to a new wireless link that accounts for both channel quality and loading on the available wireless links (Park paragraph [0002]).
Claims 13, 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over patent application publication US 20150382370 A1, Zhang et. al., hereby known as Zhang, patent application publication US 20170195919 A1, patent application publication US 20110256870 A1, Park et al., hereby referred to as Park, patent application publication US 20210112556 A1, Wei, hereby referred to as Wei, patent application CN107396444B, Chen et al., hereby referred to as Chen and patent application publication US 20210258808 A1, Mahimkar et. al., hereby referred to as Mahimkar.
Regarding claim 13
Zhang, Park, Wei and Chen teach the system of claim 11, wherein the first signal quality metric is a signal-to-interference and noise (SINR) ratio (Zhang paragraph [0063] teaches SNR as a first signal quality metric).
Zhang, Park, Wei and Chen do not teach wherein the first signal quality metric is a signal-to-interference and noise (SINR) ratio.
Mahimkar teaches wherein the first signal quality metric is a signal-to-interference and noise (SINR) ratio (Mahimkar paragraph [0043] network and service performance measurements regularly performed, measurements include but are not limited to physical radio resource block utilization (PRB) for the downlink and uplink channels, signal-to-interference-and-noise ratio (SINR), and channel quality indicators.).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to make a variety of reliable and well understood measurements including the Physical resource block utilization that would be useful in determining channel load (Mahimkar paragraph [0043]).
Regarding claim 15
Zhang, Park, Wei and Chen teach the system of claim 11,
Zhang, Park, Wei and Chen do not teach wherein the loading metric is based on a utilization rate of physical resource blocks (PRBs).
Mahimkar teaches wherein the loading metric is based on a utilization rate of physical resource blocks (PRBs) (Mahimkar paragraph [0043] regularly performs a set of measurements including the utilization of PRBs.).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to make a variety of reliable and well understood measurements including the Physical resource block utilization that would be useful in determining channel load (Mahimkar paragraph [0043]).
Regarding claim 19
Zhang, Park, Wei and Chen teach the computer-implemented method of claim 17, wherein the utilization of each of the plurality of channels is based on a utilization rate of physical resource blocks (PRBs) (Zhang paragraph [0068]).
Zhang, Park and Chen do not teach wherein the utilization of each of the plurality of channels is based on a utilization rate of physical resource blocks (PRBs).
Mahimkar teaches wherein the utilization of each of the plurality of channels is based on a utilization rate of physical resource blocks (PRBs) (Mahimkar paragraph [0043] teaches measuring physical resource block utilization).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to make a variety of reliable and well understood measurements including the PRB utilization that would be useful in determining channel utilization (Mahimkar paragraph [0043]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over patent application publication US 20150382370 A1, Zhang et. al., hereby known as Zhang, patent application publication US 20110256870 A1, Park et al., hereby referred to as Park, patent application publication US 20210112556 A1, Wei, hereby referred to as Wei, patent application CN107396444B, Chen et al., hereby referred to as Chen and patent application publication US 20170041922 A1, Chen et. al., hereby referred to as Chen922.
Regarding claim 14
Zhang, Park, Wei and Chen teach the system of claim 11.
Zhang, Park, Wei and Chen do not teach wherein the first signal quality metric is a reference signal received power (RSRP) measurement.
Chen922 teaches wherein the first signal quality metric is a reference signal received power (RSRP) measurement (Chen922 paragraphs [0007], [0120], channel conditions may be measured to choose thresholds used in determining which format to use in uplink control information transmission. Channel conditions may be based on RSRP, CSI reporting, PHR, or other measures of channel conditions at the UE level or for groups of UEs).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to determine, based on thresholds determined by channel conditions, the best control information format to use (Chen922 paragraph [0010], Chen922 paragraph [0120]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over patent application publication US 20150382370 A1, Zhang et. al., hereby known as Zhang, patent application publication US 20110256870 A1, Park et al., hereby referred to as Park, patent application publication US 20210112556 A1, Wei, hereby referred to as Wei , patent application CN107396444B, Chen et al., hereby referred to as Chen and the patent application publication US 20210022007 A1, McFadden et. al., hereby referred to as McFadden.
Regarding claim 16
Zhang, Park, Wei and Chen teach the system of claim 11, wherein the loading metric is based on a weight assigned to the plurality of channels (Park paragraph [0033] teaches loading metric based on utilization).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to improve change of communication when both channel quality and loading on the available wireless links are accounted (Park paragraph [0002]).
Zhang, Park, Wei and Chen do not teach wherein the loading metric is based on a weight assigned to the plurality of channels.
McFadden teaches wherein the loading metric is based on a weight assigned to the plurality of channels (McFadden paragraphs [0084], [0110], based on priorities of the user, calculates a weighting for all possible combinations of compatible channels units and cells. Highest weighted combinations then have the appropriate channel units assigned to respective cells).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to utilize different channel units in its cells (McFadden paragraph [0063]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over patent application publication US 20150382370 A1, Zhang et. al., hereby known as Zhang, patent application publication US 20110256870 A1, Park et al., hereby referred to as Park and the patent application publication US 20170272913 A1, patent application publication US 20210112556 A1, Wei, hereby referred to as Wei, patent application CN107396444B, Chen et al., hereby referred to as Chen and patent application publication US 20170272913 A1, Yamashiro et. al., hereby referred to as Yamashiro.
Regarding claim 18
Zhang, Park, Wei and Chen teach the computer-implemented method of claim 17 wherein the cell uses time division duplexing (TDD) and at least three different frequencies (Zhang paragraph [0032] Scheme of network 200 can utilize TDD. Network 200, as seen in figure 2, consists of UEs 206 connecting to various base stations 204 and 208 of cells 202 and 210).
Zhang, Park, Wei and Chen do not teach wherein the cell uses time division duplexing (TDD) and at least three different frequencies.
Yamashiro teaches wherein the cell uses time division duplexing (TDD) and at least three different frequencies (Yamashiro paragraph [0048] lists four separate frequency bands, 5.8GHz, 5.9GHz, 2.4GHz, and 700MHz, and states that each channel may be implemented by applying a time division multiplexing technology to one or more frequencies.).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention that applying the modification would have allowed the system to assign an identifier to each channel, allowing for greater clarity to a user (Yamashiro paragraph [0048]).
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.
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/S.L./Examiner, Art Unit 2417
/REBECCA E SONG/Supervisory Patent Examiner, Art Unit 2417