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 Arguments
Applicant's arguments filed November 4 2025 have been fully considered but they are not persuasive. More specifically the applicant argues amended claim 1 which includes the features from previous dependent claim 2, which was rejected under 35 USC 103 as being unpatentable over Ioffe (Of Record) in view of Takada (Of Record) and states that the office action has failed to adequately show that Ioffe and Takada teach or suggest “in a case it is determined that the second component carrier is included in the first band, transmit an uplink signal on the second component carrier without a switching delay so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier” as recited in amended claim 1 and similar features in claims 12 and 20 (i.e., Pg. 7 of the remarks). However the examiner respectfully disagrees with applicants arguments.
For example, the applicant argues the teachings of Takada (Of Record) and states on (Pg. 7 of the remarks) that “However while Takada teaches omitting CC switching time, the CC switching time is only part of a period during which no signal transmission and reception is performed see e.g., Fig. 6 that shows a transmission/reception disabled area, where only a part of the area is switching time”. However the examiner did not rely on the embodiment of Fig. 6 of Takada in the rejection of previous dependent claim 2. Fig. 6 is another example embodiment of a configuration example which uses the CC switching time (i.e., see Para’s [0017] i.e., Fig. 6 is a diagram for explaining configuration example & [0105-0106]) which the examiner does not rely on.
The examiner rather relies on the teachings of Para [0051] i.e., a period (CC switching time, also called SRS-switching time) during which no signal transmission and reception is performed while RF retuning is being performed & Para [0084] for disclosing that in the case of intra-band CA, the RF retuning may not be performed (i.e., “without a switching delay”) at the time of the SRS carrier switching…In the present embodiment, for example, in the case of intra-band CA, the period during which no signal transmission and reception is performed is determined after reducing the number of slots or omitting the CC switching time.
Therefore Takada discloses the period (i.e., CC switching time, also called SRS-switching time) during which no signal transmission and reception is performed while RF retuning is being performed (i.e., Para [0051]) may be omitted in the case of intra-band CA, when RF retuning is not performed at the time of SRS carrier switching by omitting the CC switching time (see Para [0084]). Therefore Takada discloses the claim feature of “in a case it is determined that the second component carrier is included in the first band (i.e., intra-band CA), transmitting an uplink signal on the second component carrier without a switching delay according to Para’s ([0051] & [0084]).
The teachings of Ioffe discloses in a case it is determined that the second component carrier is included in the first band, transmit an uplink signal on the second component carrier from transmission of an uplink signal on the first component carrier,(see Figures 20-21 & Para’s [0140] & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier), but does not disclose the claim feature of transmitting the uplink signal on the second component carrier without a switching delay which Takada discloses such claim feature by omitting the CC time (i.e., “switching delay”) in the case of intra-band CA, when RF retuning is not performed at the time of SRS carrier switching (see Para [0084]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the wireless communication device which is configured to transmit the uplink signal on the second component carrier in the case that it is determined that the second component carrier is included in the first band when performing intra-band switching as disclosed in Ioffe to be transmitted without a switching delay as disclosed in the teachings of Takada who discloses a UE is configured to transmit an uplink signal on a second component carrier without a switching delay when performing intra-band switching, because the motivation lies in Takada that in the case of intra-band CA, the RF retuning may not be performed at the time of the SRS carrier switching and the CC switching time or SRS-switchingtime may be omitted so the UE does not have to experience switching delay and interruption in its uplink SRS transmission when switching to different carriers, (see Para’s [0051] & [0084]).
In regards to the applicants arguments regarding the claim feature in amended claim 1 of “in a case it is determined that the second component carrier is included in the first band, transmit an uplink signal on the second component carrier without a switching delay so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier”, The claim language “so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier” is simply a statement of intended use and is not considered limiting to the claim. The result of Takada not performing RF retuning (i.e., omitting the CC switching time) at the time of the SRS carrier switching in the case of intra-band CA as disclosed in Para [0084], may result in the uplink signal being transmitted on the second component carrier without a switching delay so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier.
Therefore the claim limitation “so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier” which is intended use is not limiting and the combined teachings of Ioffe in view of Takada is capable of achieving the same result (i.e., see Outdry Techs. Corp V. Geox Pg.’s 2-3 regarding statement of intended use)).
For the reasons explained, claim 1 is rejected as obvious over the combination of Ioffe in view of Takada. Independent claims 12 and 20 which recite similar features as claim 1, are also rejected as obvious over the combination of Ioffe in view of Takada for the same reasons explained for claim 1. The dependent claims remain rejected over the prior art (Of Record) based at least on their dependence to independent claims 1, 12, and 20.
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, 3, 9, 12, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ioffe et al. US (2020/0178261) in view of Takada et al. US (2022/0329380).
Regarding Claim 1, Ioffe discloses a wireless communication device (see Fig. 3), comprising: at least one memory comprising computer-executable instructions (see Fig. 2 i.e., storage circuitry 20 & Para’s [0042] & [0152]); and one or more processors configured to execute the computer-executable instructions (see Fig. 3 i.e., processing circuity 22 & Para’s [0042] & [0152]), and cause the wireless communication device (see Fig. 3) to: determine to switch from a first component carrier of a first band to a second component carrier, (see Para’s [0140] i.e., intra-band switching to a different component carrier within the same band, [0142] i.e., band x (i.e., “first band”) includes four component carriers CCA, CCB, CCC and CCD and band Y includes two component carriers CCE and CCF, & [0143] i.e., wireless circuitry 24 may initially be placed in a state (bandwidth part configuration) that configured the wireless circuitry to transmit uplink signals using bandwidth parts in both component carriers CCA & CCB (i.e., “CCB may be a first component carrier”), [0144] i.e., Wireless circuitry 24 may then switch to a bandwidth part configuration of component carrier CCC (i.e., may be the “second component carrier”), as shown by arrow 272 (e.g., bandwidth part(s) of component carrier CCC may be activated) & [0145] i.e., In this way, device 10 may switch between transmitting uplink signals using contiguous intra-band component carriers (e.g., using carrier aggregation) to transmitting uplink signals using a non-contiguous component carrier (i.e., may be the “second component carrier”) in the same band (e.g., a non-contiguous intra-band component carrier). Wireless circuitry 24 may then switch to a bandwidth part configuration of component carrier CCD, as shown by arrow 276 & [0146] i.e., As shown by block 274, at time TC, device 10 may transmit uplink signals using the active bandwidth part of component carrier CCD (i.e., component carrier CCD may also be a “second component carrier” when switching from component carrier CCC which may be a “first component carrier”). In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier)
determine whether the second component carrier is included in the first band, (see Fig. 21 & Para’s [0070-0071] i.e., Each wireless configuration may identify a corresponding communications schedule to be used by device 10 and base station 11 in conveying radio-frequency signals 31. The communication schedule may identify frequencies and timing to use for the transmission of uplink data…using radio-frequency signals 31, [0072] i.e., In other words, control circuitry 14 may adjust switching circuitry SW to place wireless circuitry 24 in different operating states over time, based on the communications schedule for wireless circuitry 24, [0074-0075] i.e., This may involve adjusting switching circuitry SW of Fig. 5 to switch wireless circuitry 24 between different operating states over time according to the communication schedule (e.g., to transmit and receive radio frequency signals 31 at certain frequencies at certain times), [0077-0078], [0108], [0140] i.e., When activating an uplink bandwidth part in a different component carrier within the same band (e.g., when performing intra-band switching) (i.e., a determination of a different component carrier within the same band will determine whether the different component carrier is included in the same band), [0143], & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier (i.e., a determination of a second component carrier that is intra-band will determine whether the second component carrier is included in the same band (i.e., first band X) as the first component carrier in order to perform the intra-band switching))
and in a case it is determined that the second component carrier is included in the first band (see Para’s [0070-0075], [0140], & [0146]), transmit an uplink signal on the second component carrier, (see Para’s [0145] i.e., In this way, device 10 may switch between transmitting uplink signals using contiguous intra-band component carriers (e.g., using carrier aggregation) to transmitting uplink signals using a non-contiguous component carrier (i.e., may be the “second component carrier”) in the same band (e.g., a non-contiguous intra-band component carrier) & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier)
While Ioffe discloses in a case it is determined that the second component carrier is included in the first band, transmit an uplink signal on the second component carrier from transmission of an uplink signal on the first component carrier,(see Figures 20-21 & Para’s [0140] & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier), Ioffe does not disclose the claim feature of transmitting the uplink signal on the second component carrier without a switching delay so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier. However the claim feature would be rendered obvious in view of Takada et al. US (2022/0329380).
Takada discloses when performing intra-band switching, a UE (see Fig. 12 & Para [0160]) is configured to transmit the uplink signal on a second component carrier without a switching delay (see Para’s [0051] i.e., a period (CC switching time, also called SRS-Switchingtime (i.e., “switching delay”)) during which no signal transmission and reception is performed while RF-retuning is being performed, [0084] i.e., in the case of intra-band CA, the RF retuning may not be performed at the time of SRS carrier switching…In the present embodiment, for example, in the case of intra-band CA…omitting the CC switching time (i.e., intra-band CA is “without a switching delay” by omitting the CC switching time or SRS-switchingtime))
so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier (The claim language “so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier” is simply a statement of intended use and is not considered limiting to the claim. The result of Takada not performing RF retuning (i.e., omitting the CC switching time) at the time of the SRS carrier switching in the case of intra-band CA as disclosed in Para [0084], may result in the uplink signal being transmitted on the second component carrier without a switching delay so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier. Therefore the claim limitation “so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier” which is intended use is not limiting and the teachings of Takada is capable of achieving the same result (i.e., see Outdry Techs. Corp V. Geox Pg.’s 2-3 regarding statement of intended use))
(Takada suggests in the case of intra-band CA, the RF retuning may not be performed at the time of the SRS carrier switching and the CC switching time or SRS-switchingtime may be omitted so the UE does not have to experience switching delay and interruption in its uplink SRS transmission when switching to different carriers, (see Para’s [0051] & [0084])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the wireless communication device which is configured to transmit the uplink signal on the second component carrier in the case that it is determined that the second component carrier is included in the first band when performing intra-band switching as disclosed in Ioffe to be transmitted without a switching delay as disclosed in the teachings of Takada who discloses a UE is configured to transmit an uplink signal on a second component carrier without a switching delay when performing intra-band switching, which may result in the uplink signal being transmitted without a gap from transmission of an uplink signal on the first component carrier, because the motivation lies in Takada that in the case of intra-band CA, the RF retuning may not be performed at the time of the SRS carrier switching and the CC switching time or SRS-switchingtime may be omitted so the UE does not have to experience switching delay and interruption in its uplink SRS transmission when switching to different carriers.
Regarding Claims 3 and 14, Ioffe discloses the wireless communication device and method of claims 1 and 12, wherein the one or more processors are configured to cause the wireless communication device to (see Para’s [0042] & [0152]), in a case that it is determined that the second component carrier is not included in the first band (see Para’s [0140] i.e., when performing inter-band switching & [0147-0148] i.e., inter-band switching), transmit the uplink signal on the second component carrier after the switching delay, (see Para [0140] i.e., when activating an uplink bandwidth part in a different component carrier within a different band (e.g., when performing inter-band switching as shown by arrow 250), a restriction on the schedule to accommodate radio-frequency re-tuning time, baseband re-configuration delay, synchronization delay, and system information reading delay may be incorporated into switching time 254…incorporated into switching time 254 as an optimization of the inter-band switching delay))
Regarding Claim 9, Ioffe discloses the wireless communication device of claim 1, wherein the first band comprises at least two component carriers (see Fig. 21 i.e., Band X comprises at least two component carriers CCA, CCB, CCC, and CCD & Para [0142]), and wherein a second band comprises at least one component carrier, (see Fig. 21 i.e., Band Y comprises at least one component carrier & Para [0142] i.e., band Y includes two component carriers CCE and CCF).
Regarding Claim 10, Ioffe discloses the wireless communication device of claim 1, wherein switching between the first band and a second band comprises re-tuning a transmit chain or switching transmit chains, (see Para’s [0109], [0111-0112] i.e., bandwidth part switching time may also allow time to retune antennas 30, & [0140] i.e., when activating an uplink bandwidth part in a different component carrier within a different band (e.g., when performing inter-band switching as shown by arrow 250), a restriction on the schedule to accommodate radio-frequency re-tuning time, baseband re-configuration delay, synchronization delay, and system information reading delay may be incorporated into switching time 254), but does not explicitly disclose re-tuning a transmit chain as part of the RF re-tuning. However the claim feature would be rendered obvious in view of Takada et al. US (2022/0329380).
Takada discloses re-tuning a transmit chain as part of RF re-tuning when switching SRS transmission between component carriers, (see Para [0048] i.e., when a terminal performs SRS carrier switching in order to transmit the SRS for a CC2, the terminal performs processing for retuning a transmission high-frequency circuit (i.e., “transmit chain”) from a frequency of a CC1 for uplink transmission to a frequency of the CC2 (RF retuning) for switching a transmission carrier).
(Takada suggests the terminal performs retuning of the transmission high-frequency circuit for retuning the transmission circuit to the frequency of the second component carrier for efficiently performing the SRS transmission on the second component carrier (see Para [0048])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the switching between component carriers between the first band and a second band which comprises RF re-tuning as disclosed in Ioffe to include re-tuning a transmit chain when switching between transmission carriers as disclosed in the teachings of Takada because the motivation lies in Takada that the terminal performs retuning of the transmission high-frequency circuit for retuning the transmission circuit to the frequency of the second component carrier for efficiently performing the SRS transmission on the second component carrier.
Regarding Claim 12, Ioffe discloses a method performed by a wireless communication device (see Fig. 3 i.e., device 10), comprising: determining to switch from a first component carrier of a first band to a second component carrier, (see Para’s [0140] i.e., intra-band switching to a different component carrier within the same band, [0142] i.e., band x (i.e., “first band”) includes four component carriers CCA, CCB, CCC and CCD and band Y includes two component carriers CCE and CCF, & [0143] i.e., wireless circuitry 24 may initially be placed in a state (bandwidth part configuration) that configured the wireless circuitry to transmit uplink signals using bandwidth parts in both component carriers CCA & CCB (i.e., “CCB may be a first component carrier”), [0144] i.e., Wireless circuitry 24 may then switch to a bandwidth part configuration of component carrier CCC (i.e., may be the “second component carrier”), as shown by arrow 272 (e.g., bandwidth part(s) of component carrier CCC may be activated) & [0145] i.e., In this way, device 10 may switch between transmitting uplink signals using contiguous intra-band component carriers (e.g., using carrier aggregation) to transmitting uplink signals using a non-contiguous component carrier (i.e., may be the “second component carrier”) in the same band (e.g., a non-contiguous intra-band component carrier). Wireless circuitry 24 may then switch to a bandwidth part configuration of component carrier CCD, as shown by arrow 276 & [0146] i.e., As shown by block 274, at time TC, device 10 may transmit uplink signals using the active bandwidth part of component carrier CCD (i.e., component carrier CCD may also be a “second component carrier” when switching from component carrier CCC which may be a “first component carrier”). In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier)
determining whether the second component carrier is included in the first band, (see Fig. 21 & Para’s [0070-0071] i.e., Each wireless configuration may identify a corresponding communications schedule to be used by device 10 and base station 11 in conveying radio-frequency signals 31. The communication schedule may identify frequencies and timing to use for the transmission of uplink data…using radio-frequency signals 31, [0072] i.e., In other words, control circuitry 14 may adjust switching circuitry SW to place wireless circuitry 24 in different operating states over time, based on the communications schedule for wireless circuitry 24, [0074-0075] i.e., This may involve adjusting switching circuitry SW of Fig. 5 to switch wireless circuitry 24 between different operating states over time according to the communication schedule (e.g., to transmit and receive radio frequency signals 31 at certain frequencies at certain times), [0077-0078], [0108], [0140] i.e., When activating an uplink bandwidth part in a different component carrier within the same band (e.g., when performing intra-band switching) (i.e., a determination of a different component carrier within the same band will determine whether the different component carrier is included in the same band), [0143], & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier (i.e., a determination of a second component carrier that is intra-band will determine whether the second component carrier is included in the same band (i.e., first band X) as the first component carrier in order to perform the intra-band switching))
and in a case it is determined that the second component carrier is included in the first band (see Para’s [0070-0075], [0140], & [0146]), transmitting an uplink signal on the second component carrier, (see Para’s [0145] i.e., In this way, device 10 may switch between transmitting uplink signals using contiguous intra-band component carriers (e.g., using carrier aggregation) to transmitting uplink signals using a non-contiguous component carrier (i.e., may be the “second component carrier”) in the same band (e.g., a non-contiguous intra-band component carrier) & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier)
While Ioffe discloses in a case it is determined that the second component carrier is included in the first band, transmit an uplink signal on the second component carrier from transmission of an uplink signal on the first component carrier,(see Figures 20-21 & Para’s [0140] & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier), Ioffe does not disclose the claim feature of transmitting the uplink signal on the second component carrier without a switching delay so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier. However the claim feature would be rendered obvious in view of Takada et al. US (2022/0329380).
Takada discloses when performing intra-band switching, a UE (see Fig. 12 & Para [0160]) is configured to transmit the uplink signal on a second component carrier without a switching delay (see Para’s [0051] i.e., a period (CC switching time, also called SRS-Switchingtime (i.e., “switching delay”)) during which no signal transmission and reception is performed while RF-retuning is being performed, [0084] i.e., in the case of intra-band CA, the RF retuning may not be performed at the time of SRS carrier switching…In the present embodiment, for example, in the case of intra-band CA…omitting the CC switching time (i.e., intra-band CA is “without a switching delay” by omitting the CC switching time or SRS-switchingtime))
so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier (The claim language “so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier” is simply a statement of intended use and is not considered limiting to the claim. The result of Takada not performing RF retuning (i.e., omitting the CC switching time) at the time of the SRS carrier switching in the case of intra-band CA as disclosed in Para [0084], may result in the uplink signal being transmitted on the second component carrier without a switching delay so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier. Therefore the claim limitation “so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier” which is intended use is not limiting and the teachings of Takada is capable of achieving the same result (i.e., see Outdry Techs. Corp V. Geox Pg.’s 2-3 regarding statement of intended use))
(Takada suggests in the case of intra-band CA, the RF retuning may not be performed at the time of the SRS carrier switching and the CC switching time or SRS-switchingtime may be omitted so the UE does not have to experience switching delay and interruption in its uplink SRS transmission when switching to different carriers, (see Para’s [0051] & [0084])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the wireless communication device which is configured to transmit the uplink signal on the second component carrier in the case that it is determined that the second component carrier is included in the first band when performing intra-band switching as disclosed in Ioffe to be transmitted without a switching delay as disclosed in the teachings of Takada who discloses a UE is configured to transmit an uplink signal on a second component carrier without a switching delay when performing intra-band switching, which may result in the uplink signal being transmitted without a gap from transmission of an uplink signal on the first component carrier, because the motivation lies in Takada that in the case of intra-band CA, the RF retuning may not be performed at the time of the SRS carrier switching and the CC switching time or SRS-switchingtime may be omitted so the UE does not have to experience switching delay and interruption in its uplink SRS transmission when switching to different carriers.
Regarding Claim 20, Ioffe discloses a non-transitory tangible computer-readable medium storing computer- executable code (see Fig. 3 & Para’s [0042] i.e., software code for performing operations in device 10 may be stored on storage circuitry 20 (e.g., storage circuitry 20 may include non-transitory (tangible) computer readable storage media that stores the software code & [0152]), comprising: code for causing a processor (see Fig. 3 i.e., processing circuitry 22 & Para’s [0042] & [0152] i.e., software code stored on storage circuitry 20 may be executed by processing circuitry 22) to determine to switch from a first component carrier of a first band to a second component carrier, (see Para’s [0140] i.e., intra-band switching to a different component carrier within the same band, [0142] i.e., band x (i.e., “first band”) includes four component carriers CCA, CCB, CCC and CCD and band Y includes two component carriers CCE and CCF, & [0143] i.e., wireless circuitry 24 may initially be placed in a state (bandwidth part configuration) that configured the wireless circuitry to transmit uplink signals using bandwidth parts in both component carriers CCA & CCB (i.e., “CCB may be a first component carrier”), [0144] i.e., Wireless circuitry 24 may then switch to a bandwidth part configuration of component carrier CCC (i.e., may be the “second component carrier”), as shown by arrow 272 (e.g., bandwidth part(s) of component carrier CCC may be activated) & [0145] i.e., In this way, device 10 may switch between transmitting uplink signals using contiguous intra-band component carriers (e.g., using carrier aggregation) to transmitting uplink signals using a non-contiguous component carrier (i.e., may be the “second component carrier”) in the same band (e.g., a non-contiguous intra-band component carrier). Wireless circuitry 24 may then switch to a bandwidth part configuration of component carrier CCD, as shown by arrow 276 & [0146] i.e., As shown by block 274, at time TC, device 10 may transmit uplink signals using the active bandwidth part of component carrier CCD (i.e., component carrier CCD may also be a “second component carrier” when switching from component carrier CCC which may be a “first component carrier”). In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier)
Code for causing a processor (see Fig. 3 i.e., processing circuitry 22 & Para’s [0042] & [0152]) to determine whether the second component carrier is included in the first band, (see Fig. 21 & Para’s [0070-0071] i.e., Each wireless configuration may identify a corresponding communications schedule to be used by device 10 and base station 11 in conveying radio-frequency signals 31. The communication schedule may identify frequencies and timing to use for the transmission of uplink data…using radio-frequency signals 31, [0072] i.e., In other words, control circuitry 14 may adjust switching circuitry SW to place wireless circuitry 24 in different operating states over time, based on the communications schedule for wireless circuitry 24, [0074-0075] i.e., This may involve adjusting switching circuitry SW of Fig. 5 to switch wireless circuitry 24 between different operating states over time according to the communication schedule (e.g., to transmit and receive radio frequency signals 31 at certain frequencies at certain times), [0077-0078], [0108], [0140] i.e., When activating an uplink bandwidth part in a different component carrier within the same band (e.g., when performing intra-band switching) (i.e., a determination of a different component carrier within the same band will determine whether the different component carrier is included in the same band), [0143], & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier (i.e., a determination of a second component carrier that is intra-band will determine whether the second component carrier is included in the same band (i.e., first band X) as the first component carrier in order to perform the intra-band switching))
And code for causing the processor (see Fig. 3 i.e., processing circuitry 22 & Para’s [0042] & [0152]) to, in a case it is determined that the second component carrier is included in the first band (see Para’s [0070-0075], [0140], & [0146]), transmit an uplink signal on the second component carrier, (see Para’s [0145] i.e., In this way, device 10 may switch between transmitting uplink signals using contiguous intra-band component carriers (e.g., using carrier aggregation) to transmitting uplink signals using a non-contiguous component carrier (i.e., may be the “second component carrier”) in the same band (e.g., a non-contiguous intra-band component carrier) & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier)
While Ioffe discloses in a case it is determined that the second component carrier is included in the first band, transmit an uplink signal on the second component carrier from transmission of an uplink signal on the first component carrier,(see Figures 20-21 & Para’s [0140] & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals using a first component carrier to transmitting uplink signals using a second component carrier that is intra-band and contiguous with respect to the first component carrier), Ioffe does not disclose the claim feature of transmitting the uplink signal on the second component carrier without a switching delay so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier. However the claim feature would be rendered obvious in view of Takada et al. US (2022/0329380).
Takada discloses when performing intra-band switching, a UE (see Fig. 12 & Para [0160]) is configured to transmit the uplink signal on a second component carrier without a switching delay (see Para’s [0051] i.e., a period (CC switching time, also called SRS-Switchingtime (i.e., “switching delay”)) during which no signal transmission and reception is performed while RF-retuning is being performed, [0084] i.e., in the case of intra-band CA, the RF retuning may not be performed at the time of SRS carrier switching…In the present embodiment, for example, in the case of intra-band CA…omitting the CC switching time (i.e., intra-band CA is “without a switching delay” by omitting the CC switching time or SRS-switchingtime))
so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier (The claim language “so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier” is simply a statement of intended use and is not considered limiting to the claim. The result of Takada not performing RF retuning (i.e., omitting the CC switching time) at the time of the SRS carrier switching in the case of intra-band CA as disclosed in Para [0084], may result in the uplink signal being transmitted on the second component carrier without a switching delay so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier. Therefore the claim limitation “so that the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier” which is intended use is not limiting and the teachings of Takada is capable of achieving the same result (i.e., see Outdry Techs. Corp V. Geox Pg.’s 2-3 regarding statement of intended use))
(Takada suggests in the case of intra-band CA, the RF retuning may not be performed at the time of the SRS carrier switching and the CC switching time or SRS-switchingtime may be omitted so the UE does not have to experience switching delay and interruption in its uplink SRS transmission when switching to different carriers, (see Para’s [0051] & [0084])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the wireless communication device which is configured to transmit the uplink signal on the second component carrier in the case that it is determined that the second component carrier is included in the first band when performing intra-band switching as disclosed in Ioffe to be transmitted without a switching delay as disclosed in the teachings of Takada who discloses a UE is configured to transmit an uplink signal on a second component carrier without a switching delay when performing intra-band switching, which may result in the uplink signal being transmitted without a gap from transmission of an uplink signal on the first component carrier, because the motivation lies in Takada that in the case of intra-band CA, the RF retuning may not be performed at the time of the SRS carrier switching and the CC switching time or SRS-switchingtime may be omitted so the UE does not have to experience switching delay and interruption in its uplink SRS transmission when switching to different carriers.
Claims 4-7, 11, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Ioffe et al. US (2020/0178261) in view of Takada et al. US (2022/0329380) as applied to claims 1 and 12 above, and further in view of Moderator (China Telecom) “[102-e-LS-TXSwitching-01] Email discussion/approval on maintenance of uplink Tx switching thread #1”, 3GPP Draft; R1-2007402.
Regarding Claims 4 and 15, Ioffe in view of Takada discloses the wireless communication device and method of claims 1 and 12, but does not disclose the claim feature of wherein the uplink signal is a 2-port transmission on the second component carrier after a preceding 1-port transmission on the first component carrier. However the claim feature would be rendered obvious in view of Moderator (China Telecom) “[102-e-LS-TXSwitching-01] Email discussion/approval on maintenance of uplink Tx switching thread #1”, 3GPP Draft; R1-2007402.
Moderator (China Telecom) discloses wherein an uplink signal is a 2-port transmission on a second component carrier after a preceding 1-port transmission on a first component carrier (see Pg. 14 Section 6.1.6.2 “Uplink switching for Carrier Aggregation” i.e., When the UE is to transmit a 2-port transmission on one uplink carrier (i.e., may be the “second component carrier”) and if the preceding uplink transmission is a 1-port transmission on another uplink carrier (i.e., may be the “first component carrier”), then the UE is not expected to transmit for the duration of NTx1-Tx2 on any of the two carriers).
(Moderator (China Telecom) suggests the UE indicates a capability for supporting uplink switching for a band combination to the network for satisfying the UE uplink switching capability for the band combination and for supporting different antenna port configurations for uplink transmission for the UE when switching between different carriers, (see Pg. 14 Section 6.1.6.2 “Uplink switching for Carrier Aggregation”)).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the uplink signal transmission on the second component carrier from the first component carrier as disclosed in Ioffe in view of Takada to be an uplink signal that is a 2-port transmission on the second component carrier after a preceding 1-port transmission on the first component carrier as disclosed in the teachings of Moderator (China Telecom), because the motivation lies in Moderator (China Telecom) that the UE indicates a capability for supporting uplink switching for a band combination to the network for satisfying the UE uplink switching capability for the band combination and for supporting different antenna port configurations for uplink transmission for the UE when switching between different carriers.
Regarding Claims 5 and 16, Ioffe in view of Takada discloses the wireless communication device and method of claims 1 and 12, but does not disclose the claim feature of wherein the uplink signal is a 1-port transmission on the second component carrier after a preceding 2-port transmission on the first component carrier. However the claim feature would be rendered obvious in view of Moderator (China Telecom) “[102-e-LS-TXSwitching-01] Email discussion/approval on maintenance of uplink Tx switching thread #1”, 3GPP Draft; R1-2007402.
Moderator (China Telecom) discloses wherein the uplink signal is a 1-port transmission on the second component carrier after a preceding 2-port transmission on the first component carrier (see Pg. 14 Section 6.1.6.2 “Uplink switching for Carrier Aggregation” i.e., When the UE is to transmit a 1-port transmission on one uplink carrier (i.e., may be the “second component carrier”) and if the preceding uplink transmission is a 2-port transmission on another uplink carrier (i.e., may be the “first component carrier”), then the UE is not expected to transmit for the duration of NTx1-Tx2 on any of the two carriers).
(Moderator (China Telecom) suggests the UE indicates a capability for supporting uplink switching for a band combination to the network for satisfying the UE uplink switching capability for the band combination and for supporting different antenna port configurations for uplink transmission for the UE when switching between different carriers, (see Pg. 14 Section 6.1.6.2 “Uplink switching for Carrier Aggregation”)).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the uplink signal transmission on the second component carrier from the first component carrier as disclosed in Ioffe in view of Takada to be an uplink signal that is a 1-port transmission on the second component carrier after a preceding 2-port transmission on the first component carrier as disclosed in the teachings of Moderator (China Telecom), because the motivation lies in Moderator (China Telecom) that the UE indicates a capability for supporting uplink switching for a band combination to the network for satisfying the UE uplink switching capability for the band combination and for supporting different antenna port configurations for uplink transmission for the UE when switching between different carriers.
Regarding Claims 6 and 17, Ioffe discloses the wireless communication device and method of claims 1 and 12, but does not disclose the claim feature of wherein the uplink signal is a 1- port transmission on the second component carrier after a preceding 1-port transmission on the first component carrier when the wireless communication device is configured with switched uplink. However the claim feature would be rendered obvious in view of Moderator (China Telecom) “[102-e-LS-TXSwitching-01] Email discussion/approval on maintenance of uplink Tx switching thread #1”, 3GPP Draft; R1-2007402.
Moderator (China Telecom) discloses wherein the uplink signal is a 1- port transmission on the second component carrier after a preceding 1-port transmission on the first component carrier when the wireless communication device is configured with switched uplink (see Pg. 14 Section 6.1.6.2 “Uplink switching for Carrier Aggregation” i.e., For the UE configured with switchedUL by the parameter uplinkTxSwitchingOption-r16, when the UE is to transmit a 1-port transmission on one uplink carrier (i.e., may be the “second component carrier”) and if the preceding uplink transmission was a 1-port transmission on another uplink carrier (i.e., may be the “first component carrier”), then the UE is not expected to transmit for the duration of NTx1-Tx2 on any of the two carriers).
(Moderator (China Telecom) suggests the UE indicates a capability for supporting uplink switching for a band combination to the network for satisfying the UE uplink switching capability for the band combination and for supporting different antenna port configurations for uplink transmission for the UE when switching between different carriers, (see Pg. 14 Section 6.1.6.2 “Uplink switching for Carrier Aggregation”)).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the uplink signal transmission on the second component carrier from the first component carrier as disclosed in Ioffe in view of Takada to be an uplink signal that is a 1-port transmission on the second component carrier after a preceding 1-port transmission on the first component carrier when the wireless communication device is configured with switched uplink as disclosed in the teachings of Moderator (China Telecom), because the motivation lies in Moderator (China Telecom) that the UE indicates a capability for supporting uplink switching for a band combination to the network for satisfying the UE uplink switching capability for the band combination and for supporting different antenna port configurations for uplink transmission for the UE when switching between different carriers.
Regarding Claims 7 and 18, Ioffe in view of Takada discloses the wireless communication device and method of claims 1 and 12, but does not disclose the claim feature of wherein the uplink signal is a 1-port transmission on the second component carrier after a preceding 1-port transmission on the first component carrier when the wireless communication device is configured with dual transmission. However the claim feature would be rendered obvious in view of Moderator (China Telecom) “[102-e-LS-TXSwitching-01] Email discussion/approval on maintenance of uplink Tx switching thread #1”, 3GPP Draft; R1-2007402.
Moderator (China Telecom) discloses wherein the uplink signal is a 1-port transmission on the second component carrier after a preceding 1-port transmission on the first component carrier when the wireless communication device is configured with dual transmission (see Pg. 14 Section 6.1.6.2 “Uplink switching for Carrier Aggregation” i.e., For the UE configured with dualUL by the parameter uplinkTxSwitchingOption-r16, when the UE is to transmit a 1-port transmission on one uplink carrier (i.e., may be the “second component carrier”) and if the preceding uplink transmission was a 1-port transmission on another uplink carrier (i.e., may be the “first component carrier”)…then the UE is not expected to transmit for the duration of NTx1-Tx2 on any of the two carriers).
(Moderator (China Telecom) suggests the UE indicates a capability for supporting uplink switching for a band combination to the network for satisfying the UE uplink switching capability for the band combination and for supporting different antenna port configurations for uplink transmission for the UE when switching between different carriers, (see Pg. 14 Section 6.1.6.2 “Uplink switching for Carrier Aggregation”)).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the uplink signal transmission on the second component carrier from the first component carrier as disclosed in Ioffe in view of Takada to be an uplink signal that is a 1-port transmission on the second component carrier after a preceding 1-port transmission on the first component carrier when the wireless communication device is configured with dual transmission as disclosed in the teachings of Moderator (China Telecom), because the motivation lies in Moderator (China Telecom) that the UE indicates a capability for supporting uplink switching for a band combination to the network for satisfying the UE uplink switching capability for the band combination and for supporting different antenna port configurations for uplink transmission for the UE when switching between different carriers.
Regarding Claim 11, Ioffe in view of Takada discloses the wireless communication device of claim 1 including it is determined that the second component carrier is in the first band (see Para’s [0070-0075], [0140], & [0146]), but does not disclose the claim features of wherein in a case that a first transmission on the first component carrier is a 1-port transmission, a second transmission scheduled for the second component carrier is a 2-port transmission, and an operation state indicates that a 2-port transmission is not supported, the one or more processors are further configured to cause the wireless communication device to transmit the uplink signal on the second component carrier after a scheduling delay. However the claim feature would be rendered obvious in view of Moderator (China Telecom) “[102-e-LS-TXSwitching-01] Email discussion/approval on maintenance of uplink Tx switching thread #1”, 3GPP Draft; R1-2007402.
Moderator (China Telecom) discloses wherein in a case that a first transmission on the first component carrier is a 1-port transmission, a second transmission scheduled for the second component carrier is a 2-port transmission (see Pg. 14 Section 6.1.6.2 “Uplink switching for Carrier Aggregation” lines 16-20 i.e., For the UE configured with dualUL…when the UE is to transmit a 2-port transmission on one uplink carrier and if the preceding uplink transmission was a 1-port transmission on the same uplink carrier & lines 21-25 i.e., UE configured with dualUL can use preceding uplink transmission with 1-port transmission on another uplink carrier (i.e., it would be obvious to one of ordinary skill in the art that the UE could be configured with a second component carrier to be a 2-port transmission and a preceding uplink transmission with 1 port transmission on another uplink carrier as a possible antenna port configuration for the transmissions)) and an operation state indicates that a 2-port transmission is not supported, the processor is configured to transmit an uplink signal on the second component carrier after a scheduling delay, (see Pg. 14 Section 6.1.6.2 “Uplink switching for Carrier Aggregation” lines 16-20 i.e., and the UE is under the operation state in which 2-port transmission cannot be supported…then the UE is not expected to transmit for the duration of NTx1-Tx2 on any of the two carriers).
(Moderator (China Telecom) suggests the UE indicates a capability for supporting uplink switching for a band combination to the network for satisfying the UE uplink switching capability for the band combination and for supporting different antenna port configurations for uplink transmission for the UE when switching between different carriers, (see Pg. 14 Section 6.1.6.2 “Uplink switching for Carrier Aggregation”)).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the one or more processers which are further configured to cause the wireless communication device to transmit the uplink signal on the second component carrier from the first component carrier when it is determined that the second component carrier is in the first band as disclosed in Ioffe to include wherein in a case that a first transmission on the first component carrier is a 1-port transmission, a second transmission scheduled for the second component carrier is a 2-port transmission, and an operation state indicates that a 2-port transmission is not supported, the processor is configured to transmit an uplink signal on the second component carrier after a scheduling delay as disclosed in Moderator (China Telecom), because the motivation lies in Moderator (China Telecom) that the UE indicates a capability for supporting uplink switching for a band combination to the network for satisfying the UE uplink switching capability for the band combination and for supporting different antenna port configurations for uplink transmission for the UE when switching between different carriers.
Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ioffe et al. US (2020/0178261) in view of Takada et al. US (2022/0329380) as applied to claims 1 and 12 above, further in view of Moderator (China Telecom) “[102-e-LS-TXSwitching-01] Email discussion/approval on maintenance of uplink Tx switching thread #1”, 3GPP Draft; R1-2007402, and further in view of Jung et al. US (2021/0051632).
Regarding Claims 8 and 19, Ioffe in view of Takada discloses the wireless communication device and method of claims 1 and 12, but does not disclose the claim feature of wherein in a case that the wireless communication device is configured with a supplementary uplink, the one or more processors are further configured to cause the wireless communication device to transmit the supplementary uplink after the switching delay if the supplementary uplink is in a different band from a preceding transmission. However the claim feature would be rendered obvious in view of Moderator (China Telecom) “[102-e-LS-TXSwitching-01] Email discussion/approval on maintenance of uplink Tx switching thread #1”, 3GPP Draft; R1-2007402.
Moderator (China Telecom) discloses wherein in a case that the wireless communication device is configured with a supplementary uplink (see Pg.’s 14-15, Section 6.1.6.3 i.e., “Uplink switching for Supplementary Uplink” i.e., higher layer parameter supplementary uplink), the processor is configured to transmit the supplementary uplink after a switching delay if the supplementary uplink is in a different band from a preceding transmission (see Pg.’s 14-15, Section 6.1.6.3 i.e., “Uplink switching for Supplementary Uplink” i.e., If the UE is to transmit any uplink channel (i.e., any uplink channel may include supplementary uplink) or signal on a different uplink (i.e., “different band”) from the preceding transmission occasion based on DCI…then the UE assumes that an uplink switching is triggered in a duration of switching gap NTx1-Tx2…During the switching gap NTx1-Tx2, the UE is not expected to transmit on any of the two uplinks).
(Moderator (China Telecom) suggests the UE indicates a capability for supporting uplink switching for a band combination to the network for satisfying the UE uplink switching capability for the band combination and for configuring supplementary uplink channel for the UE (see Pg.’s 14-15, Section 6.1.6.3)).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the one or more processors which are further configured to cause the wireless communication device to transmit the uplink signal as disclosed in Ioffe to be performed wherein in a case that the wireless communication device is configured with a supplementary uplink, the processors are further configured to transmit the supplementary uplink after a switching delay if the supplementary uplink is in a different band from a preceding transmission as disclosed in the teachings of Moderator (China Telecom), because the motivation lies in Moderator (China Telecom) that the UE indicates a capability for supporting uplink switching for a band combination to the network for satisfying the UE uplink switching capability for the band combination and for configuring supplementary uplink channel for the UE.
While Moderator (China Telecom) suggests the supplementary uplink is in a different band from the preceding transmission (see Pg.’s 14-15, Section 6.1.6.3 i.e., If the UE is to transmit any uplink channel or signal on a different uplink (i.e., “different band”) from the preceding transmission occasion), the combination of Ioffe in view Takada, and further in view of Moderator (China Telecom) does not explicitly disclose the supplementary uplink is in a different band from the preceding transmission. However the claim feature would be rendered obvious in view of Jung et al. US (2021/0051632).
Jung discloses the normal uplink and the supplementary uplink may operate in different frequency bands (see Para [0222]).
(Jung suggests the base station configures a max number of MIMO layers differently for the normal uplink and the supplementary uplink of the terminal for satisfying the received UE capability and achieving MIMO performance using the supplementary uplink (see Para [0222])).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the supplementary uplink channel which is on a different uplink from the preceding transmission as disclosed in Ioffe in view of Takada, and further in view of Moderator (China Telecom) to be in a different band from the preceding transmission based on the teachings of Jung who discloses the normal uplink and the supplementary uplink may operate in different frequency bands, because the motivation lies in Jung that the base station configures a max number of MIMO layers differently for the normal uplink and the supplementary uplink of the terminal for satisfying the received UE capability and achieving MIMO performance using the supplementary uplink.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yoon et al. US (2021/0007083)
Conclusion
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/ADNAN BAIG/Primary Examiner, Art Unit 2461