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 May 14 2026 have been fully considered but they are not persuasive. In regards to the applicants arguments regarding claim 1 as amended, the examiner respectfully disagrees as the combination of Ioffe (Of Record) in view of Takada (Of Record) discloses the claim features recited in claim 1.
For example the applicant argues on Pg. 7 of the remarks that Ioffe in view of Takada fails to disclose or suggest “in a case it is determined that the second component carrier is included in the first band, transmit an uplink data signal on the second component carrier without a switching delay, wherein the uplink data signal is transmitted without a gap from transmission of an uplink data signal on the first component carrier” as recited in claim 1. However the examiner respectfully disagrees as the combination of Ioffe in view of Takada arrives to the claim features.
For example Ioffe discloses in a case it is determined that the second component carrier is included in the first band (see Para’s [0140] & [0146]), transmit an uplink data signal on the second component carrier, wherein the uplink data signal is transmitted from transmission of an uplink data signal on the first component carrier (Ioffe, see Fig. 20, Fig. 21 i.e., 276 & Para’s [0140], [0145] i.e., arrow 276 & [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 transmitting the uplink data signal on the second component carrier without a switching delay, wherein the uplink data signal is transmitted without a gap from transmission of an uplink data signal on the first component carrier. However the claim features would be rendered obvious in view of Takada (Of Record).
For example Takada discloses when performing intra-band switching, a UE (see Fig. 12 & Para [0160]) is configured to transmit an 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))
wherein the uplink data signal is transmitted without a gap from transmission of an uplink data signal on the first component carrier (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, CC switching for uplink signal transmission is without a gap by omitting the CC switching time)).
For example in light of the applicants specification in Para [0042] i.e., “In some examples,, the switching delay (NTX1-TX2) may be a gap (e.g., a period without uplink transmission)”. Therefore Para [0042] of the applicants specification discloses the gap may be the switching delay which is a period without uplink transmission.
Takada discloses such a gap (i.e., switching delay) which is a period of time without uplink transmission (Takada, 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).
Takada also discloses such gap (i.e., “switching delay”) is omitted when performing carrier switching in the case of intra-band CA (Takada, see Para [0084] i.e., in the case of intra-band CA, the RF retuning may not be performed (i.e., “without a gap”) 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, CC switching for uplink signal transmission is without a gap by omitting the CC switching time or SRS-switchingtime)).
Therefore it would be obvious to one of ordinary skill in the art when performing intra-band CA in which the UE may switch between transmitting uplink data signals using a first component carrier to transmitting uplink data signals using a second component carrier that is intra-band as disclosed in Ioffe to be performed without a switching delay (i.e., “without a gap”) based on the teachings of Takada who discloses the switching delay (i.e., “gap”) is omitted when performing carrier switching in the case of intra-band CA, which results in the feature in claim 1 of wherein the uplink data signal being transmitted without a gap from transmission of the uplink data signal on the first component carrier.
The applicant argues on (Pg. 7 of the remarks) that the combination of Ioffe in view of Takada fails to teach an uplink data signal being transmitted without a gap from transmission of an uplink data signal on a first component carrier since in the teachings of Takada, the terminal is performing CC switching in order to transmit an SRS on CC2, and is completely silent with respect to uplink data signals on different CCs, much less an uplink data signal on a second component carrier being transmitted without a gap from transmission of an uplink data signal on a first component carrier. However Ioffe teaches uplink data signals on different CCs when performing intra-band CA (see Para’s [0068] i.e., uplink data, [0115], [0117], & [0146]).
However regardless of an SRS transmission when performing CC switching in Takada which is still an uplink signal, since Takada discloses the concept of omitting the switching delay when performing carrier switching in the case of intra-band CA, combining the teachings of Takada with the intra-band carrier switching of uplink data transmission operation disclosed in Ioffe results in the claim feature in claim 1 of “wherein the uplink data signal being transmitted without a gap from transmission of the uplink data signal on the first component carrier” based on the combined teachings of Ioffe in view of Takada.
In regards to the applicants arguments that Ioffe is also silent with respect to an uplink data signal on a second component carrier being transmitted without a gap from the transmission of an uplink data signal on a first component carrier, the applicant is arguing the teachings of Ioffe individually for not disclosing the claim feature.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
For the reasons explained above, the combination of Ioffe in view of Takada discloses “in a case it is determined that the second component carrier is included in the first band, transmit an uplink data signal on the second component carrier without a switching delay, wherein the uplink data signal is transmitted without a gap from transmission of an uplink data signal on the first component carrier” as recited in claim 1.
In regards to the applicants arguments regarding Ioffe on the last paragraph of (Pg. 7 of the remarks) the applicant argues that Ioffe teaches when activating an uplink bandwidth part in a different component carrier within the same band (e.g., when performing intra-band switching), a restriction on the schedule to accommodate radio-frequency-re-tuning time and base-band re-configuration delay may be incorporated into switching time and that Ioffe consistently treats carrier and bandwidth-part switching as an operation that requires accommodating switching time, baseband reconfiguration delay, and scheduling restrictions (e.g., Fig. 20 and [0140]).
However the examiner respectfully disagrees as Para [0140] discloses that the restriction on the schedule to accommodate radio-frequency-re-tuning time etc. is incorporated into switching time 254 which refers to inter-band switching operation and not the intra-band switching operation (Ioffe, see Fig. 20 & Para’s [0138] i.e., There may be a bandwidth part switching time 254 between the uplink signal transmissions associated with blocks 244 and 252 (i.e., inter-band operation) & [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 as shown by arrow 246), a restriction on the schedule to accommodate radio-frequency re-tuning time etc. may be incorporated into switching time 254 (e.g., as an optimization of the inter-band switching delay), suggesting the radio frequency re-tuning time (i.e., switching delay) is performed for inter-band switching operation.
However assuming arguendo that the carrier and bandwidth-part switching operations in Ioffe require the restriction on the schedule to accommodate radio-frequency-re-tuning time etc., the teachings of Takada also discloses the switching delay (i.e., “gap”) may not be performed (i.e., omitted) when performing carrier switching in the case of intra-band CA (Takada, see Para’s [0051] & [0084]) which would be obvious to one of ordinary skill in the art to omit in the intra-band switching operation of UL data transmission signals as disclosed in Ioffe so the UE does not have to experience switching delay and interruption in its data transmission when switching to different carriers.
For the reasons explained the rejection of amended claim 1 under 35 U.S.C. 103 over the combination of Ioffe in view of Takada is maintained. The rejection of claims 12 and 20 which recite similar features as claim 1, also remain rejected over the prior art (Of Record) for the same reasons explained for claim 1. The dependent claims remain rejected over the prior art (Of Record) based on their dependence to the 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 data signal on the second component carrier, (see Para’s [0068] i.e., uplink data, [0115], [0117], [0145] & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals (i.e., “uplink data 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)
wherein the uplink data signal is transmitted from transmission of an uplink data signal on the first component carrier (see Para’s [0068] i.e., uplink data, [0115], [0117], [0145] & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals (i.e., “uplink data 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)
the first component carrier being different than the second component carrier (see Fig. 21 & Para’s [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), & [0145-0146])
While Ioffe discloses in a case it is determined that the second component carrier is included in the first band, transmit an uplink data signal on the second component carrier from transmission of an uplink data 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 features of transmitting the uplink signal on the second component carrier without a switching delay, and wherein 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))
wherein the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier (see Para’s [0051] i.e., a period (CC switching time, also called SRS-switching time) during which no signal transmission and reception is performed (i.e., “gap”) while RF-retuning is performed) & [0084] i.e., in the case of intra-band CA, the RF re-tuning may not be performed (i.e., without switching delay or a gap) at the time of the SRS carrier switching (i.e., not performing RF retuning (i.e., omitting the CC switching time) in the case of intra-band CA carrier switching results in the uplink signal being transmitted on the second component carrier without a gap from transmission of an uplink signal on the first component carrier)…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 (i.e, CC switching for uplink signal transmission is without a gap by omitting the CC switching time))
(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 an uplink data signal on the second component carrier from transmission of an uplink data signal on the first 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 results in the uplink data signal being transmitted without a gap from transmission of an uplink data 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 signal 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 data 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]), transmit an uplink data signal on the second component carrier, (see Para’s [0068] i.e., uplink data, [0115], [0117], [0145] & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals (i.e., “uplink data 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)
wherein the uplink data signal is transmitted from transmission of an uplink data signal on the first component carrier (see Para’s [0068] i.e., uplink data, [0115], [0117], [0145] & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals (i.e., “uplink data 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)
the first component carrier being different than the second component carrier (see Fig. 21 & Para’s [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), & [0145-0146])
While Ioffe discloses in a case it is determined that the second component carrier is included in the first band, transmit an uplink data signal on the second component carrier from transmission of an uplink data 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 features of transmitting the uplink signal on the second component carrier without a switching delay, and wherein 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))
wherein the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier (see Para’s [0051] i.e., a period (CC switching time, also called SRS-switching time) during which no signal transmission and reception is performed (i.e., “gap”) while RF-retuning is performed) & [0084] i.e., in the case of intra-band CA, the RF re-tuning may not be performed (i.e., without switching delay or a gap) at the time of the SRS carrier switching (i.e., not performing RF retuning (i.e., omitting the CC switching time) in the case of intra-band CA carrier switching results in the uplink signal being transmitted on the second component carrier without a gap from transmission of an uplink signal on the first component carrier)…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 (i.e, CC switching for uplink signal transmission is without a gap by omitting the CC switching time))
(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 an uplink data signal on the second component carrier from transmission of an uplink data signal on the first 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 results in the uplink data signal being transmitted without a gap from transmission of an uplink data 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 signal 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 data signal on the second component carrier, (see Para’s [0068] i.e., uplink data, [0115], [0117], [0145] & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals (i.e., “uplink data 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)
wherein the uplink data signal is transmitted from transmission of an uplink data signal on the first component carrier (see Para’s [0068] i.e., uplink data, [0115], [0117], [0145] & [0146] i.e., In this way, device 10 may switch between transmitting uplink signals (i.e., “uplink data 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)
the first component carrier being different than the second component carrier (see Fig. 21 & Para’s [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), & [0145-0146])
While Ioffe discloses in a case it is determined that the second component carrier is included in the first band, transmit an uplink data signal on the second component carrier from transmission of an uplink data 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 features of transmitting the uplink signal on the second component carrier without a switching delay, and wherein the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier. However the claim features 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))
wherein the uplink signal is transmitted without a gap from transmission of an uplink signal on the first component carrier (see Para’s [0051] i.e., a period (CC switching time, also called SRS-switching time) during which no signal transmission and reception is performed (i.e., “gap”) while RF-retuning is performed) & [0084] i.e., in the case of intra-band CA, the RF re-tuning may not be performed (i.e., without switching delay or a gap) at the time of the SRS carrier switching (i.e., not performing RF retuning (i.e., omitting the CC switching time) in the case of intra-band CA carrier switching results in the uplink signal being transmitted on the second component carrier without a gap from transmission of an uplink signal on the first component carrier)…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 (i.e, CC switching for uplink signal transmission is without a gap by omitting the CC switching time))
(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 an uplink data signal on the second component carrier from transmission of an uplink data signal on the first 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 results in the uplink data signal being transmitted without a gap from transmission of an uplink data 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 signal transmission when switching to different carriers.
Claims 4-7, 11, 15-18, and 21 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 data 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 data 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 data 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 data 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 data 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 data 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 data 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 data 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 data 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 dual UL…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 dual UL 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 data 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.
Regarding Claim 21, the combination of Ioffe in view of Takada discloses the wireless communication device of claim 1, wherein, in the case it is determined that the second component carrier is included in the first band (Ioffe, see Para’s [0140] & [0146]), but does not disclose the claim feature of transmit the uplink data signal on the second component carrier without the switching delay so that the uplink data signal is transmitted without the gap from transmission of the uplink data signal on the first component carrier. However the claim features would be rendered obvious in view of Takada et al. US (2022/0329380).
Takada discloses transmitting an uplink signal on a second component carrier without the switching delay so that the uplink signal is transmitted without the gap from transmission of an uplink signal on a first component carrier (In regards to the claim feature of “so that the uplink data signal is transmitted without the gap from transmission of the uplink data signal on the first component carrier”, the claim language is simply a statement of intended use and is not considered limiting to the claim (i.e., see Outdry Techs. Corp V. Geox Pg.’s 2-3 regarding statement of intended use) (Takada, see Para’s [0051] i.e., a period (CC switching time, also called SRS-switching time) during which no signal transmission and reception is performed (i.e., “gap”) while RF-retuning is performed) & [0084] i.e., in the case of intra-band CA, the RF re-tuning may not be performed (i.e., without switching delay or a gap) at the time of the SRS carrier switching (i.e., not performing RF retuning (i.e., omitting the CC switching time) in the case of intra-band CA carrier switching results in the uplink signal being transmitted on the second component carrier without a gap from transmission of an uplink signal on the first component carrier)…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 (i.e, CC switching for uplink signal transmission is without a gap by omitting the CC switching time))
(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 an uplink data signal on the second component carrier from transmission of an uplink data signal on the first component carrier 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 results in the uplink data signal being transmitted without a gap from transmission of an uplink data 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 signal transmission when switching to different carriers.
The combination of Ioffe in view of Takada does not disclose the claim feature of the uplink data signal on the second component carrier is associated with a different number of ports than the uplink data signal 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 an uplink signal on a second component carrier is associated with a different number of ports than an uplink signal on a first component carrier (see Pg. 14 Section 6.1.6.2 “Uplink switching for Carrier Aggregation” lines 1-8 i.e., When the UE is to transmit a 2-port transmission (i.e., “different number of ports”) on one uplink carrier (i.e., “second component carrier”) and if the preceding uplink transmission is a 1-port transmission on another uplink carrier (i.e., “first component carrier”), then the UE is not expected to transmit for the duration 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 data signal transmitted on the second component carrier without the gap from transmission of the uplink data signal on the first component carrier as disclosed in Ioffe in view of Takada to be associated with a different number of ports than the uplink data signal on the first component carrier based on the teachings of Moderator (China Telecom) who discloses an uplink signal on a second component carrier is associated with a different number of ports than an uplink signal on a first component carrier, 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
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