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 1-7, 10-12, 14-16 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan et al (US 2023/0035862, hereinafter Yuan), in view of Xu et al (US 2022/0124642, hereinafter Xu, claiming priority date of provisional application 63/092,302) and in view of Badic et al (US 2021/0175919, hereinafter Badic).
Regarding claim 1, Yuan discloses a method, comprising: wherein the at least two rules comprise at least one rule for a maximum permissible exposure event and at least one rule for a non-maximum permissible exposure event (when there is no MPE event, the UCI can be mapped to common set of symbols for all layers, when there is a MPE event, the UCI may be mapped to a new set of symbols of the second PUSCH, Para [0083]), wherein the at least one rule for the maximum permissible exposure event differentiates between control plane traffic and user plane traffic and prioritizes the control plane traffic over the user plane traffic (the UE may reduce the transmit power of symbols transmitting uplink data and may not reduce the transmit power for symbols scheduled to transmit UCI, Para [0082], meaning control traffic has priority over data traffic); detecting the maximum permissible exposure event (UE determines a MPE event has occurred, Para [0080]); and applying, to the uplink transmission, the at least one rule for the maximum permissible exposure event (upon determining MPE event has occurred, UE may reduce the transmit power for the first PUSCH, Para [0081]); but does not explicitly disclose receiving, by a user equipment, a configuration of at least two rules associated with applying power back off to an uplink transmission nor detecting a user or object in proximity of an antenna of the UE. Xu discloses the BS can transmit RRC configuration including MPE detection parameters and uplink recovery parameters, Para [0226] and applying power output reduction to comply with RF exposure requirements, Para [0223]. Also see Para [0208, 205] from the provisional application. Xu further discloses the wireless device can sense a human body or object in proximity of first antenna panel, Para [0222]. 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 Xu in the system of Yuan in order to conform with exposure limits while providing effective coverage range and further improve solutions when determining problematic exposure conditions; and the references do not explicitly disclose determining a distance that the detected user or object is from the antenna. Badic discloses a sensor can detect a human object and obtain a distance value between the terminal device and the detected human object, Para [0178] and estimator can detect the distance between a detected human object and the antenna array, Para [0281]. 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 Badic in the system of Yuan in view of Xu in order to better meet the stringent requirements to limit the amount of radiation that a device can deliver to humans.
Regarding claim 2, Yuan discloses the method according to claim 1, further comprising: transmitting the uplink transmission to a network node, wherein the uplink transmission comprises reporting of the maximum permissible exposure event (UE can transmit the MPE report on the second PUSCH, indicating the first beam experienced the MPE event, Para [0085]).
Regarding claim 3, Yuan discloses the method according to claim 2, but not explicitly further comprising: receiving, from the network node, an indication to change power distributions after transmitting the reporting. Yuan discloses the UE can transmit the MPE report the BS and the BS can make scheduling changes, Para [0086] and Xu discloses the BS can transmit power control commands to the UE, Para [0090], obvious to one of ordinary the BS can transmit adjusts to transmit power to the UE. 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 Xu in the system of Yuan in order to conform with exposure limits while providing effective coverage range and further improve solutions when determining problematic exposure conditions.
Regarding claim 4, Yuan discloses the method according to claim 1, wherein the at least one rule for the non-maximum permissible exposure event is associated with causing the user equipment to continue with the uplink transmission without applying the power back-off due to the maximum permissible exposure event (when a MPE event is detected, the transmit power is reduced, Para [0081], if there is no MPE event then there is no need to reduce the power).
Regarding claim 5, Yuan discloses the method according to claim 1, but not wherein the at least one rule for the maximum permissible exposure event is configured by a network node. Xu discloses the BS can transmit RRC configuration including MPE detection parameters and uplink recovery parameters, Para [0226]. 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 Xu in the system of Yuan in order to conform with exposure limits while providing effective coverage range and further improve solutions when determining problematic exposure conditions.
Regarding claim 6, Yuan discloses the method according to claim 1, wherein the at least one rule for the maximum permissible exposure event indicates a power distribution for the control plane traffic and the user plane traffic of the uplink transmission when the maximum permissible exposure event occurs (when an MPE event occurs, power can be reduced on symbols transmitting data but symbols transmitting UCI will not have power reduced, Para [0082]).
Regarding claim 7, Yuan discloses the method according to claim 1, wherein the at least one rule for the maximum permissible exposure event provides different power distributions for different power management-maximum power reduction values or for different groups of power management-maximum power reduction values (power is rebalanced for first and second PUSCHs and the reduction of transmit power is indicated by a power management maximum power reduction value, Para [0085]).
Regarding claim 10, Yuan discloses the method according to claim 1, wherein the applying of the at least one rule for the maximum permissible exposure event further comprises: re-prioritizing a physical uplink shared channel according to a payload for the maximum permissible exposure event (UCI scheduled to be transmitted on the first PUSCH is remapped to be transmitted on the second PUSCH, Para [0083], power can be rebalanced from first PUSCH to second PUSCH that carries UCI, Para [0084], therefore a PUSCH can be prioritized based on carrying UCI).
Regarding claim 11, Yuan discloses the method according to claim 1, wherein the applying of the at least one rule for the maximum permissible exposure event further comprises: allocating power to at least one of: at least one physical uplink shared channel transmission, at least one physical uplink control channel transmission, at least one physical random access channel transmission, or at least one sounding reference signal transmission (rebalance transmit power applied to PUSCH during MPE event, Para [0055], power is allocated to PUSCH).
Regarding claim 12, Yuan discloses the method according to claim 11, wherein the allocating of the power further comprises: allocating the power to at least one of: the at least one physical random access channel transmission on a primary cell, the at least one physical uplink control channel transmission with a hybrid automatic repeat request-acknowledgement or scheduling request information according to a power management-maximum power reduction level, the at least one physical uplink shared channel transmission with power head room or measurement reporting information according to the power management-maximum power reduction level, the at least one sounding reference signal transmission with aperiodic sounding reference signal having a higher priority than semi-persistent or periodic sounding reference signal or the at least one physical random access channel transmission on a serving cell other than the primary cell, the at least one physical uplink control channel transmission with channel state information or the at least one physical uplink shared channel transmission with the channel state information, or the at least one physical uplink shared channel transmission without the hybrid automatic repeat request-acknowledgement information or the channel state information (the UE can transmit PUSCH with power headroom report and the power management maximum power reduction indicator, Para [0085]).
Regarding claim 14, Yuan discloses the method according to claim 1, but not explicitly further comprising: applying a power distribution during the maximum permissible exposure event according to a severity of the maximum permissible exposure event. Xu discloses there can be sporadic MPE instances that may not count as an MPE event, Para [0227] and Yuan discloses rebalancing power in response to an MPE event, Para ]0078], obvious to one of ordinary skill minor MPE instances do not require taking action such as power reduction or rebalancing.
Regarding claim 15, Yuan discloses the method according to claim 14, wherein the severity of the maximum permissible exposure event is indicated by a reported power management-maximum power reduction (the UE send MPE report with P-MPR, power headroom report, the power delta that represents amount of transmit power being reduced, Para [0085], the severity of the MPE would be an obvious variation to one of ordinary skill).
Regarding claim 16, Yuan discloses an apparatus (UE, Fig. 3), comprising: at least one processor and at least one memory (processor and memory, Fig. 3) comprising computer program code, the at least one memory and computer program code configured, with the at least one processor, to cause the apparatus at least to perform: wherein the at least two rules comprise at least one rule for a maximum permissible exposure event and at least one rule for a non-maximum permissible exposure event (when there is no MPE event, the UCI can be mapped to common set of symbols for all layers, when there is a MPE event, the UCI may be mapped to a new set of symbols of the second PUSCH, Para [0083]), wherein the at least one rule for the maximum permissible exposure event differentiates between control plane traffic and user plane traffic and prioritizes the control plane traffic over the user plane traffic (the UE may reduce the transmit power of symbols transmitting uplink data and may not reduce the transmit power for symbols scheduled to transmit UCI, Para [0082], meaning control traffic has priority over data traffic); detecting the maximum permissible exposure event (UE determines a MPE event has occurred, Para [0080]); and applying, to the uplink transmission, the at least one rule for the maximum permissible exposure event (upon determining MPE event has occurred, UE may reduce the transmit power for the first PUSCH, Para [0081]); but does not explicitly disclose receiving, by a user equipment, a configuration of at least two rules associated with applying power back off to an uplink transmission nor discloses detecting a user or object in proximity of an antenna of the apparatus. Xu discloses the BS can transmit RRC configuration including MPE detection parameters and uplink recovery parameters, Para [0226] and applying power output reduction to comply with RF exposure requirements, Para [0223]. Also see Para [0208, 205] from the provisional application. Xu further discloses the wireless device can sense a human body or object in proximity of first antenna panel, Para [0222]. 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 Xu in the system of Yuan in order to conform with exposure limits while providing effective coverage range and further improve solutions when determining problematic exposure conditions; and the references do not explicitly disclose determining a distance that the detected user or object is from the antenna. Badic discloses a sensor can detect a human object and obtain a distance value between the terminal device and the detected human object, Para [0178] and estimator can detect the distance between a detected human object and the antenna array, Para [0281]. 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 Badic in the system of Yuan in view of Xu in order to better meet the stringent requirements to limit the amount of radiation that a device can deliver to humans.
Regarding claim 18, Yuan discloses an apparatus (UE, Fig. 3), comprising: circuitry configured to perform the method according to claim 1 (circuits, Para [0041], also see claim 1).
Regarding claim 19, Yuan discloses a non-transitory computer readable medium (computer readable medium, Para [0006]) comprising program instructions stored thereon for performing the method according to claim 1 (see claim 1).
Regarding claim 20, Yuan discloses the apparatus according to claim 16, wherein the at least one memory and computer program code are further configured, with the at least one processor, to further cause the apparatus to perform transmitting the uplink transmission to a network node, wherein the uplink transmission comprises reporting of the maximum permissible exposure event (UE can transmit the MPE report on the second PUSCH, indicating the first beam experienced the MPE event, Para [0085]).
Regarding claim 21, Yuan discloses the apparatus according to claim 20, but not explicitly wherein the at least one memory and computer program code are further configured, with the at least one processor, to further cause the apparatus to perform receiving, from the network node, an indication to change power distributions after transmitting the reporting. Yuan discloses the UE can transmit the MPE report the BS and the BS can make scheduling changes, Para [0086] and Xu discloses the BS can transmit power control commands to the UE, Para [0090], obvious to one of ordinary the BS can transmit adjusts to transmit power to the UE. 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 Xu in the system of Yuan in order to conform with exposure limits while providing effective coverage range and further improve solutions when determining problematic exposure conditions.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yuan, in view of Xu, in view of Badic and in view of Zhou et al (US 2021/0297959, hereinafter Zhou, claiming priority date of all provisional applications).
Regarding claim 9, Yuan discloses the method according to claim 1, wherein the applying of the at least one rule for the maximum permissible exposure event further comprises: prioritizing a physical uplink control channel (power can be reduced on symbols transmitting data but symbols transmitting UCI will not have power reduced, Para [0082], it is obvious to one of ordinary skill that PUCCH could be transmitted instead of UCI on PUSCH, and known in the art PUCCH can be given priority over PUSCH); and does not disclose using a scheduling request within the physical uplink control channel to activate or deactivate a power distribution scheme for the maximum permissible exposure event. Zhou discloses a wireless device can transmit an SR via PUCH resource indicating uplink coverage loss due to complying with MPE requirements, Para [0329] and UE transmits MPE report using scheduling request, Para [0297], upon detecting a MPE event, the UE can rebalance power in Yuan. Also see Para [0295] from provisional application 62/901,102. 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 Zhou in the system of Yuan in view of Xu and Badic in order to improve synchronization of reporting between the UE and BS during exposure events.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Yuan, in view of Xu, in view of Badic and in view of Wu (US 12,238,721, hereinafter Wu).
Regarding claim 13, Yuan discloses the method according to claim 1, but not wherein the applying of the at least one rule for the maximum permissible exposure event further comprises: prioritizing at least one logical channel according to a priority (logical channel prioritization, Para [0063]) for: a cell radio network temporary identifier medium access control control element or data from an uplink common control channel, a single entry power head room medium access control control element or a multiple entry power head room medium access control control element, a configured grant confirmation medium access control control element, a medium access control control element for a buffer status report except for a buffer status report included for padding, data from the at least one logical channel except data from the uplink common control channel, a medium access control control element for recommended bit rate query, and a medium access control control element for the buffer status report included for padding. Wu discloses priorities of different logical channels, where the order of priorities includes cell radio network temporary identifier MAC CE, configured grant confirmation MAC CE, BSR MAC CE, power headroom MAC CE, etc.., C: 3 R: 35-55. 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 Wu in the system of Yuan in view of Xu and Badic in order to prevent data transmission loss when changing the size of an uplink resource.
Response to Arguments
Applicant's arguments filed 11/17/2025 have been fully considered but they are not persuasive. Applicant amends the limitations and argues the references do not disclose the amended limitations. Applicant summarizes the Yuan and XU references and refers to Para [0222], which states the wireless device can sense the proximity of a human body to a first panel. Applicant argues Xu does not disclose determining the distance of a user from panel 1. In response, arguments are moot in view of a new reference being used in the current office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461