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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 4, 9-12, 14, 18, 19, 21, 25, 27, 32, 33, 35, 36 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Nory et al (US 2023/0188306, hereinafter Nory, claiming priority date of provisional application 62/977,108), in view of 3GPP paper “Report of email discussion [Post109e#33][R16 Other] UL TX Switching-NR_FR1” (R2-2003823, April 2020, as disclosed by Applicant in the IDS, hereinafter Telecom), in view of Xie et al (US 2020/0413351, hereinafter Xie) and in view of Khlat (US 2018/0191067, hereinafter Khlat).
Regarding claim 1, Nory discloses a method of wireless communication performed by a user equipment (UE), comprising: transmitting an indication of one or more switching options supported by the UE, wherein the one or more switching options are associated with performing uplink transmit switching for a first band and a second band (UL Tx switching options 1 and 2, Para [0069], UE can transmit capability message with information required for UL Tx switching, Para [0084], UE can indicate capability for fast switching between two carriers belonging to band combination, Para [0085], the UE can also indicate it does not support simultaneous UL transmission between two UL carriers, Para [0087], UE is configured with FDD and TDD carriers, Para [0048] and FDD and TDD band combinations, Para [0051]); wherein the one or more switching options includes a switching option associated with switching among a plurality of configurations, and wherein at least one of the plurality of configurations supports scheduling of concurrent uplink transmissions on a first antenna port and a second antenna port (UE can have 2 Tx chains with 1 Tx on each carrier, Para [0007], a Tx chain is a transmit antenna, Para [0055], UE can simultaneously transmit on two carriers such as FDD and TDD, Para [0057], UE can be configured with different CA scenarios between FDD and TDD carriers, Para [0048]); and receiving, after transmitting the indication of the one or more switching options, information associated with an uplink transmission scheduled for the UE, wherein the uplink transmission is scheduled according to the one or more switching options supported by the UE (network node can schedule PUSCH on the two carriers, the UE can decode the DCI to switch the Tx chain and prepare the PUSCH accordingly, Para [0069], network node receives and processes the UE capability signaling and schedules the UE to transmit PUSCH provisioned for uplink Tx switching, Para [0125]. Also see Para [0045, 49, 70, 71, 90] from the provisional application); and does not fully disclose wherein uplink multiple-input multiple-output (MIMO) is permitted on the first band and the second band. Telecom discloses UE always supports UL MIMO on the carrier to which UL Tx switching is done, Section 2.3. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Telecom in the system of Nory in order to further enhance configuration of Tx switching and improve UE capability reporting; nor discloses wherein the second band is a supplemental uplink (SUL) band. Xie discloses the first or second carrier can be the SUL carrier, Para [0010] and the terminal device can simultaneously transmit uplink on TDD and SUL carriers, Para [0088]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Xie in the system of Nory in view with Telecom in order to use two carriers without exceeding maximum transmit power; nor discloses wherein the first antenna port and the second antenna port are associated with the second band. Khlat discloses first antenna port and second antenna port can receive an RF signal on second RF band and third and fourth antenna port can transmit a different band, Para [0007], therefore two antenna ports can be associated with the same band. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Khlat in the system of Nory in view of Telecom and Xie in order to optimize configurations between multiple radio front ends and multiple antennas to provide flexible band combinations.
Regarding claims 2 and 19, Nory discloses the method/apparatus of claim 1/18, further comprising performing uplink transmit switching in association with transmitting the uplink transmission scheduled for the UE, the uplink transmit switching being performed according to the one or more switching options supported by the UE (UE can perform UL Tx switching, Para [0084], network node schedules UE for PUSCH transmission with gaps provisioned for UL Tx switching, Para [0125]).
Regarding claim 4, 14, 21 and 27, Nory discloses the method/apparatus of claim 1/12/18/25, wherein at least one of the first band or the second band is an FDD band or TDD band (combination can be FDD and TDD bands, Para [0085]).
Regarding claims 9, 32, 35 and 38, Nory discloses the method/apparatus of claim 1/12/18/25, further comprising identifying a switching scheduling error case based at least in part on a determination that the uplink transmission is not scheduled so as to provide the UE sufficient time to perform the uplink transmit switching. Nory discloses UE needs enough time to switch Tx chain from carrier 1 to carrier 2, Para [0008] and network node schedules UE with gaps provisioned for UL Tx switching, Para [0125], if the UE isn’t given enough time to perform UL Tx switching it would be obvious to one of ordinary skill there will be a problem or error.
Regarding claim 10, Nory discloses the method of claim 1, further comprising skipping the performance of the uplink transmit switching in association with transmitting the uplink transmission based at least in part on a determination that the uplink transmission is not scheduled so as to provide the UE sufficient time to perform the uplink transmit switching. Nory discloses UE needs enough time to switch Tx chain from carrier 1 to carrier 2, Para [0008] and network node schedules UE with gaps provisioned for UL Tx switching, Para [0125], if the UE isn’t given enough time to perform UL Tx switching, then it can’t perform UL Tx switching unless it does have enough time.
Regarding claims 11, 33 and 36, Nory discloses the method/apparatus of claim 1/12/18, but not fully wherein the UE is configured for intra-band carrier aggregation (CA) and is configured to check component carriers in a band used for intra-band CA in association with determining whether to perform uplink transmit switching. Nory discloses intra-band CA, Para [0005], intra-band carriers of first band in band-combination and intra-band carrier of second band in band-combination, Para [0072]. Telecom discloses a band combination list where UE capabilities associated with UL Tx switching are reported, page 12, obvious to one of ordinary skill for the UE to check the list.
Regarding claim 12, Nory discloses a method of wireless communication performed by a base station, comprising: receiving an indication of one or more switching options supported by a user equipment (UE), wherein the one or more switching options are associated with performing uplink transmit switching for a first band and a second band (UL Tx switching options 1 and 2, Para [0069], UE can transmit capability message with information required for UL Tx switching, Para [0084], UE can indicate capability for fast switching between two carriers belonging to band combination, Para [0085], the UE can also indicate it does not support simultaneous UL transmission between two UL carriers, Para [0087]), wherein at least one of the first band or the second band is a frequency-division duplex (FDD) band, a time-division duplex (TDD) band, or a supplemental uplink (SUL) band (UE is configured with FDD and TDD carriers, Para [0048] and FDD and TDD band combinations, Para [0051]); wherein the one or more switching options includes a switching option associated with switching among a plurality of configurations, and wherein at least one of the plurality of configurations supports scheduling of concurrent uplink transmissions on a first antenna port and a second antenna port (UE can have 2 Tx chains with 1 Tx on each carrier, Para [0007], a Tx chain is a transmit antenna, Para [0055], UE can simultaneously transmit on two carriers such as FDD and TDD, Para [0057], UE can be configured with different CA scenarios between FDD and TDD carriers, Para [0048]); and transmitting, after receiving the indication of the one or more switching options, information associated with an uplink transmission scheduled for the UE, wherein the uplink transmission is scheduled according to the one or more switching options supported by the UE (network node can schedule PUSCH on the two carriers, the UE can decode the DCI to switch the Tx chain and prepare the PUSCH accordingly, Para [0069], network node receives and processes the UE capability signaling and schedules the UE to transmit PUSCH provisioned for uplink Tx switching, Para [0125]. Also see Para [0045, 49, 70, 71, 90] from the provisional application); and does not fully disclose wherein uplink multiple-input multiple-output (MIMO) is permitted on the first band and the second band. Telecom discloses UE always supports UL MIMO on the carrier to which UL Tx switching is done, Section 2.3. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Telecom in the system of Nory in order to further enhance configuration of Tx switching and improve UE capability reporting; nor discloses wherein the first antenna port and the second antenna port are associated with the second band. Khlat discloses first antenna port and second antenna port can receive an RF signal on second RF band and third and fourth antenna port can transmit a different band, Para [0007], therefore two antenna ports can be associated with the same band. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Khlat in the system of Nory in view of Telecom and Xie in order to optimize configurations between multiple radio front ends and multiple antennas to provide flexible band combinations.
Regarding claim 18, Nory discloses an apparatus (UE, Fig. 10) for wireless communication, comprising: means for transmitting (transceiver, Fig. 10) an indication of one or more switching options supported by the apparatus, wherein the one or more switching options are associated with performing uplink transmit switching for a first band and a second band, wherein at least one of the first band or the second band is a frequency-division duplex (FDD) band, a time-division duplex (TDD) band, or a supplemental uplink (SUL) band (UL Tx switching options 1 and 2, Para [0069], UE can transmit capability message with information required for UL Tx switching, Para [0084], UE can indicate capability for fast switching between two carriers belonging to band combination, Para [0085], the UE can also indicate it does not support simultaneous UL transmission between two UL carriers, Para [0087], UE is configured with FDD and TDD carriers, Para [0048] and FDD and TDD band combinations, Para [0051]); wherein the one or more switching options includes a switching option associated with switching among a plurality of configurations, and wherein at least one of the plurality of configurations supports scheduling of concurrent uplink transmissions on a first antenna port and a second antenna port (UE can have 2 Tx chains with 1 Tx on each carrier, Para [0007], a Tx chain is a transmit antenna, Para [0055], UE can simultaneously transmit on two carriers such as FDD and TDD, Para [0057], UE can be configured with different CA scenarios between FDD and TDD carriers, Para [0048]); and means for receiving (transceiver, Fig. 10), after transmitting the indication of the one or more switching options, information associated with an uplink transmission scheduled for the apparatus, wherein the uplink transmission is scheduled according to the one or more switching options supported by the apparatus (network node can schedule PUSCH on the two carriers, the UE can decode the DCI to switch the Tx chain and prepare the PUSCH accordingly, Para [0069], network node receives and processes the UE capability signaling and schedules the UE to transmit PUSCH provisioned for uplink Tx switching, Para [0125]. Also see Para [0045, 49, 70, 71, 90] from the provisional application); and does not fully disclose wherein uplink multiple-input multiple-output (MIMO) is permitted on the first band and the second band. Telecom discloses UE always supports UL MIMO on the carrier to which UL Tx switching is done, Section 2.3. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Telecom in the system of Nory in order to further enhance configuration of Tx switching and improve UE capability reporting; nor discloses wherein at least one of the first or second band is a supplemental uplink (SUL) band. Xie discloses the first or second carrier can be the SUL carrier, Para [0010] and the terminal device can simultaneously transmit uplink on TDD and SUL carriers, Para [0088]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Xie in the system of Nory in view with Telecom in order to use two carriers without exceeding maximum transmit power; nor discloses wherein the first antenna port and the second antenna port are associated with the second band. Khlat discloses first antenna port and second antenna port can receive an RF signal on second RF band and third and fourth antenna port can transmit a different band, Para [0007], therefore two antenna ports can be associated with the same band. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Khlat in the system of Nory in view of Telecom and Xie in order to optimize configurations between multiple radio front ends and multiple antennas to provide flexible band combinations.
Regarding claim 25, Nory discloses an apparatus (RAN node, Fig. 11) for wireless communication, comprising: means for receiving (transceiver, Fig. 11) an indication of one or more switching options supported by a user equipment (UE), wherein the one or more switching options are associated with performing uplink transmit switching for a first band and a second band (UL Tx switching options 1 and 2, Para [0069], UE can transmit capability message with information required for UL Tx switching, Para [0084], UE can indicate capability for fast switching between two carriers belonging to band combination, Para [0085], the UE can also indicate it does not support simultaneous UL transmission between two UL carriers, Para [0087], UE is configured with FDD and TDD carriers, Para [0048] and FDD and TDD band combinations, Para [0051]); wherein the one or more switching options includes a switching option associated with switching among a plurality of configurations, and wherein at least one of the plurality of configurations supports scheduling of concurrent uplink transmissions on a first antenna port and a second antenna port (UE can have 2 Tx chains with 1 Tx on each carrier, Para [0007], a Tx chain is a transmit antenna, Para [0055], UE can simultaneously transmit on two carriers such as FDD and TDD, Para [0057], UE can be configured with different CA scenarios between FDD and TDD carriers, Para [0048]); and means for transmitting (transceiver, Fig. 11), after receiving the indication of the one or more switching options, information associated with an uplink transmission scheduled for the UE, wherein the uplink transmission is scheduled according to the one or more switching options supported by the UE (network node can schedule PUSCH on the two carriers, the UE can decode the DCI to switch the Tx chain and prepare the PUSCH accordingly, Para [0069], network node receives and processes the UE capability signaling and schedules the UE to transmit PUSCH provisioned for uplink Tx switching, Para [0125]. Also see Para [0045, 49, 70, 71, 90] from the provisional application); and does not fully disclose wherein uplink multiple-input multiple-output (MIMO) is permitted on the first band and the second band. Telecom discloses UE always supports UL MIMO on the carrier to which UL Tx switching is done, Section 2.3. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Telecom in the system of Nory in order to further enhance configuration of Tx switching and improve UE capability reporting; nor discloses wherein at least one of the first or second band is a supplemental uplink (SUL) band. Xie discloses the first or second carrier can be the SUL carrier, Para [0010] and the terminal device can simultaneously transmit uplink on TDD and SUL carriers, Para [0088]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Xie in the system of Nory in view with Telecom in order to use two carriers without exceeding maximum transmit power; nor discloses wherein the first antenna port and the second antenna port are associated with the second band. Khlat discloses first antenna port and second antenna port can receive an RF signal on second RF band and third and fourth antenna port can transmit a different band, Para [0007], therefore two antenna ports can be associated with the same band. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Khlat in the system of Nory in view of Telecom and Xie in order to optimize configurations between multiple radio front ends and multiple antennas to provide flexible band combinations.
Claims 8, 31, 34 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Nory, in view of Telecom, in view of Xie, in view of Khlat and in view of 3GPP paper “38331CR for UE capability and RRC configuration of supporting UL Tx switching” (R2-2005220, June 2020, as disclosed by Applicant in the IDS, hereinafter Telecom2).
Regarding claims 8, 31, 34 and 37, Nory discloses the method/apparatus of claim 1/12/18/25, but not fully wherein the UE is configured to expect that the uplink transmission is scheduled to provide the UE sufficient time to perform uplink transmit switching, in association with transmitting the uplink transmission, in accordance with a carrier aggregation slot offset value. Nory discloses UE needs enough time to switch Tx chain from carrier 1 to carrier 2, Para [0008] and gap provisioned for Tx-switching, Para [0090]. Telecom2 discloses the CA-slotoffset, page 5. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Telecom2 in the system of Nory in view of Telecom and Xie in order to ensure Tx switching between uplink carriers is fully supported.
Allowable Subject Matter
Claims 6, 7, 16, 17, 23, 24, 29 and 30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 12/4/2025 have been fully considered but they are not persuasive. Applicant amends the limitations in the claims and argues the Nory and Telecom references do not disclose the amended limitations. Applicant argues the references do not disclose first and second antenna port are associated with the second band. In response, arguments are moot in view of a new reference being used to disclose the argued limitation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
Prosecution Insights