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 Claims 42-50 are withdrawn.
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/19/2025 has been entered.
Specification
3. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The acronyms in the title should be replaced with the represented terms.
Response to Arguments
4. Regarding claims 29-39 and 41, on pages 7-8, the applicant argues that the combination of Hao and Cao does not 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”.
In response to applicant's argument, the examiner respectfully disagrees with the applicant's response. Cao [0129] 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) 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 that a PUSCH preparation time that does not include the uplink switching period corresponds to a first value and a PUSCH preparation time that includes the uplink switching period corresponds to a second value.
The claims fails discloses in the “obtaining a value” is an internal calculation of the value by the wireless communication device or if “obtaining a value” for a Physical Uplink Shared Channel, PUSCH, processing time means receiving/obtaining the value from a device other than the wireless communication device. The claim language is broad enough to include the teachings of Cao [0129] which discloses the UE calculates a PUSCH preparation time. For these reasons, the claims remain 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.
5. 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 an uplink transmission (Hao, [0114]-[0116], Scheduling/determining whether switching between a plurality of carriers/CC# is needed for uplink transmission.);
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 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 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.
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.).
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 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:
The value for the uplink transmission related parameter is a value for the PUSCH processing time (Hao, FIG. 4, 425, [0036], [0109], [0114], [0117], Obtaining for the PUSCH the uplink switching rule including preparation/processing times), and
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 an uplink transmission (Hao, [0114]-[0116], Scheduling/determining whether switching between a plurality of carriers/CC# is needed for uplink transmission.);
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 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 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.
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.).
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 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: Jang et al, US 2022/0345195 discloses in the case of PUSCH transmission, a PUSCH preparation procedure time may be determined by considering a beam switching time, and the UE may be indicated not to perform PUSCH transmission when the beam switching time for PUSCH transmission is not satisfied. Alternatively, the beam switching time and the PUSCH preparation procedure time may be individually considered, and the UE may be indicated not to perform PUSCH transmission when at least one of the beam switching time and the PUSCH preparation procedure time is not satisfied.
7. 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.
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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