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 26, 2025, with respect to the rejection of claims 1-8, 16-20 under 35 USC § 102 and claims 9-15, 21-25 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of 35 USC § 103.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-25 are rejected under 35 U.S.C. 103 as being unpatentable over Bashir (US 20230370979 A1) in view of Liu et al. (US 20250168783 A1).
Regarding claim 1, Bashir teaches a mobile radio terminal device comprising: a processor configured to: receive information that one or more antennas of the mobile radio terminal device are in proximity of a human body part of a user of the mobile radio terminal device (Paragraph 55-57, 75, Bashir teaches receiving/procuring information (via sensors, input, or assumption) about whether the device’s antennas are near the body); modify a first transmission configuration of the mobile radio terminal device based on the received information to obtain a modified transmission configuration (Paragraph 56, 59, 76, Bashir discloses modifying the UE’s transmission configuration (uplink power settings) depending on proximity information); and apply the adapted transmission configuration to an antenna configuration of the one or more antennas (Paragraph 56, 59, 77, Explicit application of modified transmission settings to antenna operation).
Bashir does not explicitly teach generate a transmission configuration message representing the modified transmission configuration; transmit the transmission configuration message to a network access node; receive, from the network access node, a connection reconfiguration notification containing an adapted transmission configuration.
However, Liu et al. teaches generate a transmission configuration message representing the modified transmission configuration (Paragraph 100, 106-109, 126, The UE generates a message (PHR) reflecting modified transmit power configuration); transmit the transmission configuration message to a network access node (Paragraph 100-106, 138, 140, Liu teaches that the UE transmits the configuration message (PHR) to the gNB, which corresponds to the network access node); receive, from the network access node, a connection reconfiguration notification containing an adapted transmission configuration (Paragraph 121, 138, Receiving RRC/DCI configuration from the gNB equates to receiving a connection reconfiguration notification that provides adapted transmission configurations).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide generate a transmission configuration message representing the modified transmission configuration; transmit the transmission configuration message to a network access node; receive, from the network access node, a connection reconfiguration notification containing an adapted transmission configuration as taught by Liu et al. in the system of Bashir, so that it would enable coordinated adaptation of UE transmission settings with the network access node to ensure optimized power control, compliance with SAR limitations, and improved link reliability.
Regarding claim 2, Bashir teaches a transmitter configured to transmit the transmission configuration message to the network access node (Paragraph 57, 69, 72, 74, teaches that the UE has transmitters explicitly configured to send uplink transmissions to base stations (network access nodes)).
Regarding claim 3, Bashir teaches the network access node is a base station or a mobile radio network device or a wireless access point (Paragraph 54, 56, 60, 69, 72, These passages teach that the network access node includes base stations and access points, with Wi-Fi (802.11) illustrating a wireless access point, thereby covering the claim that it is a base station, mobile radio network device, or wireless access point).
Regarding claim 4, Bashir teaches the first transmission configuration comprises at least one of: a transmission mode; a transmission power; a modulation scheme; or a coding scheme (Paragraph 56, 59, 74, 76, These passages explicitly disclose configuring and modifying uplink transmission power, which directly teaches the claim element that the first transmission configuration comprises at least one of the listed parameters, namely transmission power).
Regarding claim 5, Bashir teaches the processor is further configured to determine whether a regulation for an allowed specific absorption rate, SAR, level is fulfilled (Paragraph 55, 73, These passages show that the UE/processor determines compliance with regulatory restrictions (SAR-related safe emission limits) by checking whether the maximum uplink power is within the jurisdiction’s allowed regulatory value, thereby teaching determination of whether a SAR regulation is fulfilled); and to change the first transmission configuration in case the regulation is not fulfilled (Paragraph 56, 59, 77, 78, These passages disclose that when the SAR-related restriction (first limit for proximity to body) is not satisfied, the processor changes the transmission configuration by increasing the maximum uplink power limit (switching from first to second configuration) once it is safe (e.g., device moved away from user)).
Regarding claim 6, Bashir teaches determine whether the modified transmission configuration changes a power level in an antenna of the mobile radio terminal device in proximity of a human body part of a user of the mobile radio terminal device (Paragraph 56, Modifying maximum uplink power based on proximity determines if antenna power near the body changes); determine whether the power level of said antenna can be redistributed to one or more other antennas of the mobile radio terminal device which are not in proximity of a human body part of a user of the mobile radio terminal device (Paragraph 74, Switching between amplifiers depending on proximity equates to redistributing power between antennas); and instruct to redistribute the power level of the antenna in proximity of a human body part of a user to the one or more antennas not in proximity of a human body part of a user (Paragraph 74, Network instruction to reconfigure power use teaches redistributing power away from antennas near the body).
Regarding claim 7, Bashir teaches transmit a connection-reconfiguration-complete notification to the network access node, the connection-reconfiguration-complete notification containing an indication that mobile radio terminal device has successfully reconfigured based on a received adapted transmission configuration (Paragraph 60, 77, The UE reconfigures to extended-range mode and transmits uplink signals under that adapted configuration, which inherently informs the base station that the reconfiguration is complete, thus serving as the claimed connection-reconfiguration-complete notification).
Regarding claim 8, Bashir teaches the adapted transmission configuration comprises at least one of: a transmission mode; a transmission power; a modulation scheme; or a coding scheme (Paragraph 56, 59, 60, 74, 77, These passages clearly disclose adapting transmission power as part of the transmission configuration by increasing maximum uplink power based on conditions such as user-device distance or network instructions).
Regarding claim 9, Bashir teaches the adapted transmission configuration comprises a transmission mode; wherein the transmission mode is one of: Multiple In Multiple Out (MIMO) mode; asymmetrical MIMO mode; Single In Multiple Out (SIMO) mode; Multiple In Single Out (MISO) mode; Transmit Receive diversity mode; or single antenna mode (Paragraph 57, 69, 72, The passages disclose UEs with one or more antennas, radios supporting multiple protocols/frequencies, and single or dual connectivity, which encompasses single antenna, SIMO, MISO, MIMO, and diversity modes).
Regarding claim 10, Bashir teaches A communication device comprising: a processor configured to: determine that one or more antennas of a mobile radio terminal device are in proximity of a human body part of a user of the mobile radio terminal device (Paragraph 57, 59, 75, UE is described as having antennas, and proximity to user body is determined using sensors/user action); receive, from the network access node, a reconfiguration message representing a modified transmission configuration of a for the mobile radio terminal device, based on the SAR limiting scenario notification (Paragraph 60, 74, Network instructs UE to use extended-range communication mode (a modified transmission configuration)); and determine, based on the received reconfiguration message an adapted transmission configuration for the mobile radio terminal device (Paragraph 60, 78, UE increases maximum uplink power (new configuration) based on network instruction; explicit teaching of adapted configuration).
Bashir does not explicitly teach based on the proximity, transmit a Specific Absorption Rate (SAR) limiting scenario notification to a network access node.
However, Liu et al. teaches based on the proximity, transmit a Specific Absorption Rate (SAR) limiting scenario notification to a network access node (Paragraph 70, 100, 126, 140, teaches transmitting a PHR from the UE to the gNB indicating power limitations, which corresponds to sending a SAR-limiting scenario notification to a network access node).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide based on the proximity, transmit a Specific Absorption Rate (SAR) limiting scenario notification to a network access node as taught by Liu in the system of Bashir, so that it would enable the network to dynamically adjust or reconfigure the UE’s transmission parameters based on user-proximity conditions to ensure regulatory compliance with SAR limits while maintaining efficient communication performance.
Regarding claim 11, Bashir teaches a transmitter configured to transmit the SAR limiting scenario notification from the mobile radio terminal device (Paragraph 57, 69, 72, 74, 77, 78, These passages teach that the UE includes configurable transmitters for uplink communication, which cover transmitting the SAR limiting scenario notification).
Regarding claim 12, Bashir teaches the network access node is a base station or a mobile radio network device or a wireless access point (Paragraph 54, 56, 60, 62, 71, 72, Bashir teaches that the network access node may be a base station or a wireless access point, these cover the claim’s recited options of “base station,” “mobile radio network device,” or “wireless access point.”).
Regarding claim 13, Bashir teaches the adapted transmission configuration is determined based on power performance gains (Paragraph 56, 59, 60, 74, 77, “adapted transmission configuration” includes modifying uplink power limits, and the cited passages show that such configuration is determined by increasing power beyond a default limit to achieve performance gains (improved range, connectivity, and effective communication), thereby teaching determination based on power performance gains).
Regarding claim 14, Bashir teaches the received reconfiguration message comprises at least one of: a transmission mode; a transmission power; a modulation scheme; or a coding scheme (Paragraph 56, 59, 60, 61, “reconfiguration message” covers network signaling that changes device operation, and “transmission power” is explicitly disclosed in Bashir (¶¶56, 59–61) as being adjusted by instruction or configuration. Thus, the passages teach that the reconfiguration message comprises at least transmission power).
Regarding claim 15, Bashir teaches the adapted transmission configuration comprises at least one of: a transmission mode; a transmission power; a modulation scheme; or a coding scheme (Paragraph 56, 59, 60, 61, 74, 76, 77, “adapted transmission configuration” includes any change to transmission parameters; Bashir repeatedly describes modifying the UE’s transmission power (uplink power limits, values, or ranges), which directly corresponds to at least one of the enumerated options in the claim (transmission power)).
Regarding claim 16, Bashir teaches a non-transitory computer readable medium comprising instructions which, when executed, implement (Paragraph 50, 61, These passages expressly disclose non-transitory computer-readable media storing executable instructions, satisfying the medium limitation): receiving an information that one or more antennas of a mobile radio terminal device are in proximity of a human body part of a user of the mobile radio terminal device (Paragraph 55, 59, 75, determining proximity of a device and its antennas to the user’s body using sensors or assumptions; this constitutes receiving information of antenna proximity to a human body); modifying a first transmission configuration of the mobile radio terminal device based on the received information to obtain a modified transmission configuration (Paragraph 56, 61, 74, These passages disclose modifying transmission power configurations when proximity information indicates the device is farther from the user, teaching modification of a transmission configuration); and applying the adapted transmission configuration to an antenna configuration of the one or more antennas (Paragraph 56, 57, 78, These teach that adapted transmission power configurations are applied to the UE’s antenna system, satisfying the “applying” step).
Bashir does not explicitly teach generating a transmission configuration message representing the modified transmission configuration; transmitting the transmission configuration message to a network access node; receiving, from the network access node, a connection reconfiguration notification containing an adapted transmission configuration.
However, Liu et al. teaches generating a transmission configuration message representing the modified transmission configuration (Paragraph 106, 126, The PHR reflects UE’s transmission state/config, qualifying as a configuration message); transmitting the transmission configuration message to a network access node (Paragraph 100-106, UE explicitly transmits configuration message (PHR) to network node (gNB)); receiving, from the network access node, a connection reconfiguration notification containing an adapted transmission configuration (Paragraph 69, 121-125, 133-135, gNB sends reconfiguration messages/parameters that adapt UE transmission configuration).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide generating a transmission configuration message representing the modified transmission configuration; transmitting the transmission configuration message to a network access node; receiving, from the network access node, a connection reconfiguration notification containing an adapted transmission configuration as taught by Liu et al. in the system of Bashir, so that it would enable coordinated adaptation of UE transmission configurations with network-controlled reconfigurations, thereby ensuring compliance with proximity-based SAR limitations while maintaining efficient and reliable communication.
Regarding claim 17, Bashir teaches transmitting the transmission configuration message representing the modified transmission configuration to the network access node (Paragraph 57, 60-61, 73, 77-78, “transmitting the transmission configuration message” is taught by the UE’s uplink transmissions to a base station (network access node), where the modified configuration is embodied in the altered uplink power parameters; the cited passages describe the UE communicating uplink signals with adjusted power settings to the base station).
Regarding claim 18, Bashir teaches a transmission mode; a transmission power; a modulation scheme; or a coding scheme (Paragraph 56, 77, Adjusting the maximum uplink power limit and specific dBm increases directly disclose transmission power).
Regarding claim 19, Bashir teaches determining whether a regulation for an allowed specific absorption rate, SAR, level is fulfilled, and changing the first transmission configuration in case the regulation is not fulfilled (Paragraph 73, 74, 77, This teaches determining whether the device is compliant with a regulation for SAR limits (e.g., 26 dBm near the body), which corresponds to checking if the SAR regulation is fulfilled. These passages show that when the SAR-based restriction (26 dBm within proximity) is not fulfilled, the device changes its transmission configuration by increasing the maximum uplink power to a higher level, which constitutes changing the first transmission configuration).
Regarding claim 20, Bashir teaches determining whether the modified transmission configuration changes a power level in an antenna of a mobile radio terminal device in proximity of a human body part of a user of the mobile radio terminal device (Paragraph 59, This teaches determining whether a modified transmission configuration (uplink power limit) affects the antenna power level when the UE is in proximity to a user); determining whether the power level of said antenna can be redistributed to one or more other antennas of the mobile radio terminal device which are not in proximity of a human body part of a user of the mobile radio terminal device (Paragraph 74, This describes shifting or redistributing transmission power across different antenna paths or amplifiers depending on proximity, which corresponds to redistributing power from one antenna near the user to other antennas not near the user); and instructing the mobile radio terminal device to redistribute the power level of the antenna in proximity of a human body part of a user to the one or more antennas not in proximity of a human body part of a user (Paragraph 74, This teaches the network issuing instructions to the UE to adjust (redistribute) transmission power to suitable antennas/components not in proximity to the user).
Regarding claim 21, Bashir teaches a non-transitory computer readable medium comprising instructions which, when executed, implement (Paragraph 50, 61, These passages explicitly disclose non-transitory computer-readable media with instructions that execute methods): determining, based on the received message, a new transmission configuration for the mobile radio terminal device (Paragraph 56, 78, The determination of a new uplink power limit based on received downlink signals and user distance equates to determining a new transmission configuration for the UE); and applying the adapted transmission configuration to an antenna configuration of the one or more antennas (Paragraph 57, 77, Since the UE antenna transmits with modified uplink power after applying the network instruction, this equates to applying the adapted transmission configuration to the antenna configuration).
Bashir does not explicitly teach receiving a message representing a modified transmission configuration of a mobile radio terminal device; and generating a transmission configuration message representing the new transmission configuration; transmitting the transmission configuration message to a network access node; receiving, from the network access node, a connection reconfiguration notification containing an adapted transmission configuration.
However, Liu et al. teaches receiving a message representing a modified transmission configuration of a mobile radio terminal device (Paragraph 121, “receiving a message representing a modified transmission configuration” encompasses the UE receiving configuration/DCI messages defining transmission behavior (power, scheduling), which represent modified transmission configurations); and generating a transmission configuration message representing the new transmission configuration (Paragraph 126, 140, The PHR is a message generated by the UE that represents the newly determined transmission configuration (power capability)); transmitting the transmission configuration message to a network access node (Paragraph 126, 140, 143, These show the UE transmits the PHR message, which conveys its transmission configuration, to the gNB (network access node)); receiving, from the network access node, a connection reconfiguration notification containing an adapted transmission configuration (Paragraph 121, 134, The gNB transmits configuration/DCI messages back to the UE, which function as reconfiguration notifications that adapt the UE’s transmission configuration).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide receiving a message representing a modified transmission configuration of a mobile radio terminal device; and generating a transmission configuration message representing the new transmission configuration; transmitting the transmission configuration message to a network access node; receiving, from the network access node, a connection reconfiguration notification containing an adapted transmission configuration as taught by Liu in the system of Bashir, so that it would enable dynamic reconfiguration of UE antenna transmission parameters through standardized message exchanges for improved adaptability to network conditions and user proximity.
Regarding claim 22, Bashir teaches transmitting the determined transmission configuration to the mobile radio terminal device (Paragraph 60, 74, The passages teach transmitting configuration information from the network to the UE, which corresponds to sending the determined transmission configuration).
Regarding claim 23, Bashir teaches wherein the new transmission configuration is determined based on power performance gains (Paragraph 56, 59, 77, These passages teach that the transmission configuration (uplink power limit) is adapted to higher levels when conditions justify it, thereby achieving improved power performance gains that enable more reliable extended-range communication).
Regarding claim 24, Bashir teaches the modified transmission configuration comprises at least one of: a transmission mode; a transmission power; a modulation scheme; or a coding scheme (Paragraph 56, 59, 60, 61, 74, 77, The cited passages repeatedly disclose modifying the UE’s transmission power configuration (uplink power limits increased from one level to another depending on proximity), which directly teaches that the modified transmission configuration comprises at least one of the listed options—specifically transmission power).
Regarding claim 25, Bashir teaches the determined transmission configuration comprises at least one of: a transmission mode; a transmission power; a modulation scheme; or a coding scheme (Paragraph 56, 59, 74, 77, The passages explicitly describe determining and modifying transmission power limits (uplink power levels) of the UE, which directly corresponds to the claimed “transmission power” as one of the possible determined transmission configuration elements).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yuan et al. (US 20250227628 A1)
Yang et al. (US 20240276387 A1)
Cao et al. (US 20240244540 A1)
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW SHAJI KURIAN whose telephone number is (703)756-1878. The examiner can normally be reached Monday-Friday 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Ngo can be reached at (571) 272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SHAJI KURIAN/Examiner, Art Unit 2464
/Chandrahas B Patel/Primary Examiner, Art Unit 2464
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