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 .
1. Claims 29-39 and 41 are pending. Claim 40 is cancelled. Claims 42-50 are withdrawn.
Response to Arguments
2. In light of the amendment to the title, the objection to the specification is withdrawn and the new title is entered.
3. Regarding claim 29, on pages 8-9, the applicant argues that the combination of Hao and Cao does not disclose a “determining step requires a dynamic evaluation of whether uplink transmit switching is required for a particular uplink transmission”… and “any decision-making logic”.
In response to applicant's argument, the examiner respectfully disagrees with the applicant's response.
First, the claim limitation discloses “determining” step but does not disclose how the “determining” is performed such as what values and/or switching events are used for the determination. The limitation does not disclose if the determination is made independently by the wireless communication device, based on receiving an indication from the base station, or by another method all together. Therefore, the scope of the claim limitation is broad enough to include the combination of the teachings of Hao and Cao.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., dynamic evaluation of whether uplink transmit switching is required for a particular uplink transmission) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Although the Applicant argues features that are not recited in the rejection claim(s), Hao explicitly discloses “[0098]… switching between component carriers of a transmit chain may be dynamic and base station 105-a may indicate a switching event. UE 115-a may switch between the first and second component carrier based on the uplink transmission schedule indicated by base station 105-a.” Hao [0099] discloses switching maybe based on a “switching rule or based on the capability of the UE.”
In addition, Hao [0114]-[0116] explicitly discloses “determining whether uplink transmit switching from a first carrier to a second carrier is needed for an uplink transmission” by teaching determining to switch an uplink transmission on CC2 to CC1 or vice versa.
Hao “[0114] For example, a UE may be scheduled to transmit an uplink transmission 415-d on CC2 435, switch component carrier components of the first transmit chain during retuning duration 420-a, transmit uplink transmissions 415-a (e.g., SRS transmission) and 415-b (e.g., a PUSCH, PUCCH, or RACH transmission) on CC1 430, and then switch component carriers during retuning duration 420-b… [0115] In some cases, the UE may be scheduled to switch between CC2 435 and CC1 430 during retuning duration 420-c, transmit SRS uplink transmission 415-c on CC1 430, and switch between CCI 430 and CC2 435 during retuning duration 420-d.”
Lastly, Hao teaches the uplink transmission is a specific transmission labeled 415 in Fig. 4 [0114]-[0115].
For these reasons, claims 29-39 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over HAO et al, US 2022/0386337 in view of Cao et al, US 2024/0137958.
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.
4. Claim(s) 29-39 and 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAO et al, US 2022/0386337 hereafter HAO in view of Cao et al, US 2024/0137958 hereafter Cao.
As for claim 29, Hao discloses:
A method performed by a wireless communication device, the method comprising:’
determining whether uplink transmit switching from a first carrier to a second carrier is needed for a specific uplink transmission (Hao, [0114]-[0116], Scheduling/determining whether switching between a plurality of carriers/CC# is needed for uplink transmission. The uplink transmission is a specific transmission labeled 415 in Fig. 4);
obtaining a value for a Physical Uplink Shared Channel, PUSCH, processing time, the value being a first value if uplink transmit switching is not needed (Hao, FIG. 4, 425, [0036], [0109], [0114], [0117], Obtaining for the PUSCH the uplink switching rule comprising the gap value that represents the time/value if uplink transmit switching is not needed/performed. If gap 425-a is less than the threshold duration defined by the switching rule, then the frequency of scheduled switching events may not comply with the limitation and the UE may recognize this duration as an error and fail to switch component carriers and transmit uplink transmissions 415-a and 415-b) and
being a second value if uplink transmit switching is needed (Hao, FIG. 4, 420, [0022], [0109], [0110]-[0112], [0114]-[0115], Obtaining the uplink switching rule indicating the retuning duration 420 if uplink switching is needed/to be performed); and
performing the specific uplink transmission, one or more actions related to the uplink transmission, or both the specific uplink transmission and the one or more actions related to the specific uplink transmission, based on the obtained value for the PUSCH processing time (Hao, [0114]-[0115], Performing the uplink transmissions based on the duration/timing information in the switching rule obtained from the base station. For example, a UE may be scheduled to transmit an uplink transmission 415-d on CC2 435, switch component carrier components of the first transmit chain during retuning duration 420-a, transmit uplink transmissions 415-a (e.g., SRS transmission) and 415-b (e.g., a PUSCH, PUCCH, or RACH transmission) on CC1 430, and then switch component carriers during retuning duration 420-b….If gap 425-a is less than the threshold duration defined by the switching rule, then the frequency of scheduled switching events may not comply with the limitation and the UE may recognize this duration as an error and fail to switch component carriers and transmit uplink transmissions 415-a and 415-b).
Hao does not explicitly disclose obtaining a value for a Physical Uplink Shared Channel, PUSCH, processing time based on the determination of whether the uplink transmit switching from the first carrier to the second carrier is needed, the value being a first value if the uplink transmit switching is not needed and being a second value if the uplink transmit switching is needed for the specific uplink transmission.
However, Cao discloses obtaining a value for a Physical Uplink Shared Channel, PUSCH, processing time (Cao, [0129], the UE 115 may be configured to calculate a PUSCH preparation time) based on the determination of whether the uplink transmit switching from the first carrier to the second carrier is needed (Cao, [0129], the calculated PUSCH preparation time may include the selected uplink switching period if uplink transmit chain switching is supported and the calculated PUSCH preparation time does not include the uplink switching period when uplink transmit chain switching is not supported),
the value being a first value if the uplink transmit switching is not needed (Cao, [0129], If uplink transmit chain switching is not supported by the UE 115, the PUSCH preparation times may not include the uplink switching periods 315. The Examiner interprets ta PUSCH preparation time that does not include the uplink switching period correspond to a first value) and being a second value if the uplink transmit switching is needed (Cao, [0129], In some examples, the first and second PUSCH preparation times may be configured for the UE 115 regardless of whether uplink transmit chain switching is supported by the UE 115. The Examiner interprets a PUSCH preparation time that includes the uplink switching period corresponds to a second value.) is needed for the specific uplink transmission. (Cao, Fig. 2, 215, [0098] The UE 115-a may be configured to support two transmit chains 215-a and 215-b. In some cases, the first transmit chain 215-a may be configured to support communications on the first carrier 205 (carrier 1) and the second carrier 210 (carrier 2). [0135] At 415, the UE 115-b may transmit the uplink data message to the base station 105-b after a preparation time that is based on the uplink switching period.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Hao with obtaining a value for a Physical Uplink Shared Channel, PUSCH, processing time based on the determination of whether the uplink transmit switching from the first carrier to the second carrier is needed, the value being a first value if the uplink transmit switching is not needed and being a second value if the uplink transmit switching is needed is needed for the specific uplink transmission as taught by Cao to provide more efficient uplink switching.
As for claim 30, Hao discloses:
The PUSCH processing time is a function of a PUSCH preparation time, N2 (Hao, [0109], The preparation time needed for PUSCH uplink transmission).
As for claim 31, Hao discloses:
obtaining the value for the uplink transmission related timing parameter comprises obtaining the value for the PUSCH processing time based on a first value of a PUSCH preparation time N2 if uplink switch is not needed (Hao, FIG. 4, 425, [0036], [0109], [0114], [0117], Obtaining for the PUSCH the uplink switching rule comprising the gap value that represents the time/value if uplink transmit switching is not needed/performed. If gap 425-a is less than the threshold duration defined by the switching rule, then the frequency of scheduled switching events may not comply with the limitation and the UE may recognize this duration as an error and fail to switch component carriers and transmit uplink transmissions 415-a and 415-b) and
based on a second value of the PUSCH preparation time N2 if uplink switching is needed (Hao, FIG. 4, 420, [0022], [0109], [0110]-[0112], [0114]-[0115], Obtaining the uplink switching rule indicating the retuning duration 420 if uplink switching is needed/to be performed).
As for claim 32, Hao discloses:
The second value of the PUSCH preparation time N2 is a function of: (a) the first value of the PUSCH preparation time N2 (Hao, FIG. 4, 415, 420, 425, [0114]-[0115], The gap 425-b comprises the retuning duration 420. The Examiner interprets the gap 425-b to correspond to the second value, the retuning duration 420 to correspond to the first value of the PUSCH preparation time N2), (b) a switching gap, (c) a numerology of the first carrier, (d) a numerology of the second carrier, or (e) any combination of two or more of (a)-(d).
As for claim 33, Hao discloses:
The first value of the PUSCH preparation time N2 is expressed as a number of time-domain symbols (Hao, [0037], [0075], [0109], The gap is expressed as a number of symbols e.g. 14 symbols in the time domain), and the second value of the PUSCH preparation time N2 is the first value of the PUSCH preparation time N2 plus one time-domain symbol (Hao, FIG. 4, 415, 420, 425, [0114]-[0115], The gap 425-b comprises the retuning duration 420 and the uplink transmission 415-c. The Examiner interprets the gap 425-b to correspond to the second value, the retuning duration 420 to correspond to the PUSCH preparation time N2 and the uplink transmission 415-c to correspond to the time-domain symbol).
As for claim 34, Hao discloses:
The second value of the PUSCH preparation time N2 is equal to the first value of the PUSCH preparation time N2 plus ceiling(switchinggap/symbolduration), where "switchinggap" is a length of a switching gap and "symbol duration" is a duration of a time-domain symbol (Hao, FIG. 4, 415, 420, 425, [0114]-[0115], The gap 425-b comprises the retuning duration 420 and the uplink transmission 415-c. The Examiner interprets the gap 425-b to correspond to the second value, the retuning duration 420 to correspond to the PUSCH preparation time NE and the uplink transmission 415-c to correspond to the time-domain symbol) for a numerology of the second carrier (Hao,[0010], [0073], [0144], based on a numerology associated with a respective uplink carrier).
As for claim 35, Hao discloses:
The PUSCH processing time is
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(Hao, FIG. 4, 425, [0036], [0109], [0114], [0117], Obtaining for the PUSCH the uplink switching rule including preparation/processing times).
As for claim 36, Hao discloses:
The uplink transmission is: a Physical Uplink Shared Channel, PUSCH, transmission (Hao, [0096], [0109], [0114], The PUSCH transmission); a PUSCH transmission with Uplink Control Information, UCI; an aperiodic Sounding Reference Signal, SRS (Hao, [0096], [0114], The SRS), transmission; a Physical Random Access Channel, PRACH (Hao, [0096], [0114], The RACH), transmission; or a Physical Uplink Control Channel, PUCCH (Hao, [0096], [0114], The PUCCH), transmission.
As for claim 37, Hao discloses:
The second value is a function of: (a) the first value (Hao, FIG. 4, 415, 420, 425, [0114]-[0115], The gap 425-b comprises the retuning duration 420. The Examiner interprets the gap 425-b to correspond to the second value, the retuning duration 420 to correspond to the first value), (b) a switching gap, (c) a numerology of the first carrier, (d) a numerology of the second carrier, or (e) any combination of two or more of (a)-(d).
As for claim 38, Hao discloses:
The first value is expressed as a number of time-domain symbols (Hao, [0037], [0075], [0109], The gap is expressed as a number of symbols e.g. 14 symbols in the time domain), and the second value is the first value plus one time-domain symbol (Hao, FIG. 4, 415, 420, 425, [0114]-[0115], The gap 425-b comprises the retuning duration 420 plus the uplink transmission 415-c. The Examiner interprets the gap 425-b to correspond to the second value, the retuning duration 420 to correspond to the PUSCH preparation time NE and the uplink transmission 415-c to correspond to the time-domain symbol).
As for claim 39, Hao discloses:
The second value is equal to the first value plus ceiling(switchinggap/symbolduration), where "switchinggap" is a length of a switching gap (e.g., configured or scheduled by the network) and "symbol duration" is a duration of a time-domain symbol (Hao, FIG. 4, 415, 420, 425, [0114]-[0115], [0019], [0075],[0076],The gap 425-b comprises the retuning duration 420 and the uplink transmission 415-c. The Examiner interprets the gap 425-b to correspond to the second value, the retuning duration 420 to correspond to the PUSCH preparation time NE and the uplink transmission 415-c to correspond to the time-domain symbol) for a numerology of the second carrier (Hao,[0010], [0073], [0144], based on a numerology associated with a respective uplink carrier).
As for claim 41, Hao discloses:
A wireless communication device comprising: one or more transmitters; one or more receivers; and processing circuitry associated with the one or more transmitters and the one or more receiver (Hao, [0055], [0136], FIG. 1 The UE including a receiver and processor), the processing circuity configured to cause the wireless communication device to:
determining whether uplink transmit switching from a first carrier to a second carrier is needed for a specific uplink transmission (Hao, [0114]-[0116], Scheduling/determining whether switching between a plurality of carriers/CC# is needed for uplink transmission. The uplink transmission is a specific transmission labeled 415 in Fig. 4);
obtaining a value for a Physical Uplink Shared Channel, PUSCH, processing time, the value being a first value if uplink transmit switching is not needed for the specific uplink transmission (Hao, FIG. 4, 425, [0036], [0109], [0114], [0117], Obtaining for the PUSCH the uplink switching rule comprising the gap value that represents the time/value if uplink transmit switching is not needed/performed. If gap 425-a is less than the threshold duration defined by the switching rule, then the frequency of scheduled switching events may not comply with the limitation and the UE may recognize this duration as an error and fail to switch component carriers and transmit uplink transmissions 415-a and 415-b) and
being a second value if uplink transmit switching is needed (Hao, FIG. 4, 420, [0022], [0109], [0110]-[0112], [0114]-[0115], Obtaining the uplink switching rule indicating the retuning duration 420 if uplink switching is needed/to be performed); and
performing the specific uplink transmission, one or more actions related to the uplink transmission, or both the uplink transmission and the one or more actions related to the specific uplink transmission, based on the obtained value for the PUSCH processing time (Hao, [0114]-[0115], Performing the uplink transmissions based on the duration/timing information in the switching rule obtained from the base station. For example, a UE may be scheduled to transmit an uplink transmission 415-d on CC2 435, switch component carrier components of the first transmit chain during retuning duration 420-a, transmit uplink transmissions 415-a (e.g., SRS transmission) and 415-b (e.g., a PUSCH, PUCCH, or RACH transmission) on CC1 430, and then switch component carriers during retuning duration 420-b….If gap 425-a is less than the threshold duration defined by the switching rule, then the frequency of scheduled switching events may not comply with the limitation and the UE may recognize this duration as an error and fail to switch component carriers and transmit uplink transmissions 415-a and 415-b).
Hao does not explicitly disclose obtaining a value for a Physical Uplink Shared Channel, PUSCH, processing time based on the determination of whether the uplink transmit switching from the first carrier to the second carrier is needed, the value being a first value if the uplink transmit switching is not needed and being a second value if the uplink transmit switching is needed for the specific uplink transmission.
However, Cao discloses obtaining a value for a Physical Uplink Shared Channel, PUSCH, processing time (Cao, [0129], the UE 115 may be configured to calculate a PUSCH preparation time) based on the determination of whether the uplink transmit switching from the first carrier to the second carrier is needed (Cao, [0129], the calculated PUSCH preparation time may include the selected uplink switching period if uplink transmit chain switching is supported and the calculated PUSCH preparation time does not include the uplink switching period when uplink transmit chain switching is not supported),
the value being a first value if the uplink transmit switching is not needed (Cao, [0129], If uplink transmit chain switching is not supported by the UE 115, the PUSCH preparation times may not include the uplink switching periods 315. The Examiner interprets ta PUSCH preparation time that does not include the uplink switching period correspond to a first value) and being a second value if the uplink transmit switching is needed (Cao, [0129], In some examples, the first and second PUSCH preparation times may be configured for the UE 115 regardless of whether uplink transmit chain switching is supported by the UE 115. The Examiner interprets a PUSCH preparation time that includes the uplink switching period corresponds to a second value.) is needed for the specific uplink transmission. (Cao, Fig. 2, 215, [0098] The UE 115-a may be configured to support two transmit chains 215-a and 215-b. In some cases, the first transmit chain 215-a may be configured to support communications on the first carrier 205 (carrier 1) and the second carrier 210 (carrier 2). [0135] At 415, the UE 115-b may transmit the uplink data message to the base station 105-b after a preparation time that is based on the uplink switching period.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Hao with obtaining a value for a Physical Uplink Shared Channel, PUSCH, processing time based on the determination of whether the uplink transmit switching from the first carrier to the second carrier is needed, the value being a first value if the uplink transmit switching is not needed and being a second value if the uplink transmit switching is needed is needed for the specific uplink transmission as taught by Cao to provide more efficient uplink switching.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2021/0306916 “[0120] Referring to FIG. 11A, … the UE 100 may determine … that the given UL Tx is suitable for switching the first Tx chain TC1 from the first carrier 101 to the second carrier 102 (operation 1120A).”
7. 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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENEE HOLLAND whose telephone number is (571)270-7196. The examiner can normally be reached 8:30 AM - 5:00 PM.
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, IAN MOORE can be reached at (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JENEE HOLLAND
Examiner
Art Unit 2469
/JENEE HOLLAND/Primary Examiner, Art Unit 2469
Prosecution Insights