DETAILED ACTION
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 16 April 2026 has been entered.
Response to Arguments
2. Applicant’s arguments with respect to claims 1, 8-11, and 18-20 have been considered but are moot because they do not apply to the new reference, Lafleur, that is relied on in the current rejection.
Claim Rejections - 35 USC § 103
3. 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.
4. 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.
5. Claims 1, 8, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al., U.S. Patent Application Publication 2016/0242182 (hereinafter Chen), in view of Lafleur et al., U.S. Patent Application Publication 2016/0204519 (hereinafter Lafleur).
Regarding claim 1, Chen discloses a method for determining a behavior of a terminal device (disclosed is a method for performing antenna selection at a wireless device, according to [0009], [0037], [0126]), comprising:
determining, by a terminal device, that a first behavior and a second behavior collide (a UE determines that a subframe for antenna switching [“first behavior”] overlaps with a subframe for an uplink transmission [“second behavior””] to an SeNodeB, according to [0109]); and
executing, by the terminal device, one of the first behavior and the second behavior (the UE is prevented from performing uplink transmissions in a time interval that is the same or that overlaps the time interval for antenna switching, according to [0128]).
Chen does not expressly disclose that the first behavior comprises at least one
of the following: Sounding Reference Signal (SRS) port switching, and antenna port switching; the second behavior comprises a measurement behavior; wherein the first behavior and the second behavior correspond to a same Radio Access Technology (RAT); wherein the executing, by the terminal device, one of the first behavior and
the second behavior, comprises: interrupting, by the terminal device, the first behavior and executing the second behavior; and executing, by the terminal device, the first behavior after execution of the second behavior is completed; or wherein the executing, by the terminal device, one of the first behavior and the second behavior, comprises:
abandoning, by the terminal device, execution of the first behavior and executing the second behavior; or wherein the executing, by the terminal device, one of the first behavior and the second behavior, comprises: interrupting, by the terminal device, the second behavior and executing the first behavior; and executing, by the terminal device, the second behavior after execution of the first behavior is completed; or wherein the executing, by the terminal device, one of the first behavior and the second behavior, comprises: abandoning. by the terminal device, execution of the second behavior and executing the first behavior.
Lafleur discloses that the first behavior comprises at least one
of the following: Sounding Reference Signal (SRS) port switching, and antenna port switching; the second behavior comprises a measurement behavior (a device performs antenna switching and RSSI measurements, according to [0056], Fig. 9);
wherein the first behavior and the second behavior correspond to a same Radio Access Technology (RAT) (the antenna switching and RSSI measurements are associated with the same method that a device in a satellite communication system performs, according to [0012], [0018], [0056], Fig. 9);
wherein the executing, by the terminal device, one of the first behavior and
the second behavior, comprises: interrupting, by the terminal device, the first behavior and executing the second behavior; and executing, by the terminal device, the first behavior after execution of the second behavior is completed; or wherein the executing, by the terminal device, one of the first behavior and the second behavior, comprises:
abandoning, by the terminal device, execution of the first behavior and executing the second behavior; or wherein the executing, by the terminal device, one of the first behavior and the second behavior, comprises: interrupting, by the terminal device, the second behavior and executing the first behavior; and executing, by the terminal device, the second behavior after execution of the first behavior is completed; or wherein the executing, by the terminal device, one of the first behavior and the second behavior, comprises: abandoning, by the terminal device, execution of the second behavior and executing the first behavior (after measuring RSSI, if the measured RSSI is ideal, then rather than perform another RSSI measurement, the device’s processor commands a switch to connect the associated antenna to the device’s RF front-end module [“abandoning, by the terminal device, execution of the second behavior and executing the first behavior”], according to [0056], Fig. 9 [steps 21, 22, 23, and 24]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen with Lafleur such that the first behavior comprises at least one of the following: Sounding Reference Signal (SRS) port switching, and antenna port switching; the second behavior comprises a measurement behavior; wherein the first behavior and the second behavior correspond to a same Radio Access Technology (RAT); wherein the executing, by the terminal device, one of the first behavior and the second behavior, comprises: interrupting, by the terminal device, the first behavior and executing the second behavior; and executing, by the terminal device, the first behavior after execution of the second behavior is completed; or wherein the executing, by the terminal device, one of the first behavior and the second behavior, comprises: abandoning, by the terminal device, execution of the first behavior and executing the second behavior; or wherein the executing, by the terminal device, one of the first behavior and the second behavior, comprises: interrupting, by the terminal device, the second behavior and executing the first behavior; and executing, by the terminal device, the second behavior after execution of the first behavior is completed; or wherein the executing, by the terminal device, one of the first behavior and the second behavior, comprises: abandoning. by the terminal device, execution of the second behavior and executing the first behavior.
One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the selection of the optimum antenna for various satellite communication scenarios (Lafleur: [0002]-[0008]).
Claim 11 recites the apparatus, comprising a processor and a transceiver (Chen discloses a UE that comprises a processor and a transceiver, according to [0107], [0109], Fig. 6 [elements 603, 609, and 640]), that performs the method recited in claim 1, and is therefore rejected on the same grounds as claim 1.
Regarding claim 8, the combination of Cheng and Lafleur discloses all the limitations of claim 1. Additionally, Cheng discloses that the executing, by the terminal device, one of the first behavior and the second behavior, comprises: determining, by the terminal device, to execute one of the first behavior and the second behavior according to a capability of the terminal device (the UE performs antenna switching according to its antenna according to its capability to communicate with multiple cells using multiple antennas and/or related antenna port configurations, according to [0093], [0111]).
Claim 18 does not differ substantively from claim 8, and is therefore rejected on the same grounds as claim 8.
6. Claims 9-10 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Lafleur as applied to claims 8 and 18 above, further in view of Li et al., U.S. Patent Application Publication 2022/0053385 (hereinafter Li), further in view of Cui et al., U.S. Patent Application Publication 2019/0174343 (hereinafter Cui).
Regarding claim 9, the combination of Chen and Lafleur discloses all the limitations of claim 8.
Neither Chen nor Lafleur expressly discloses that the determining, by the terminal device, to execute one of the first behavior and the second behavior according to the capability of the terminal device, comprises: interrupting, by the terminal device, the first behavior for New Radio (NR) Frequency Range 2 (FR2) and executing the second behavior for NR Frequency Range 1 (FR1) if the terminal device supports a capability of independent gap measurements in different frequency ranges.
Li discloses that the determining, by the terminal device, to execute one of the first behavior and the second behavior according to the capability of the terminal device, comprises: interrupting, by the terminal device, the first behavior for New Radio (NR) Frequency Range 2 (FR2) (a UE undergoes a handover interruption for an FR2 target cell, according to [0024]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen as modified by Lafleur with Li such that the determining, by the terminal device, to execute one of the first behavior and the second behavior according to the capability of the terminal device, comprises: interrupting, by the terminal device, the first behavior for New Radio (NR) Frequency Range 2 (FR2).
One of ordinary skill in the art would have been motivated to make this modification in order to minimize the impact of delay on user experience (Li: [0021]-[0024]).
Neither Chen, Lafleur, nor Li expressly discloses that the determining, by the terminal device, to execute one of the first behavior and the second behavior according to the capability of the terminal device, comprises: executing the second behavior for NR Frequency Range 1 (FR1) if the terminal device supports a capability of independent gap measurements in different frequency ranges.
Cui discloses that the determining, by the terminal device, to execute one of the first behavior and the second behavior according to the capability of the terminal device, comprises: executing the second behavior for NR Frequency Range 1 (FR1) if the terminal device supports a capability of independent gap measurements in different frequency ranges (a UE that supports measurement gaps patterns for different frequency ranges performs measurements in FR1, according to [0042]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen as modified by Lafleur as modified by Li with Cui such that the determining, by the terminal device, to execute one of the first behavior and the second behavior according to the capability of the terminal device, comprises: executing the second behavior for NR Frequency Range 1 (FR1) if the terminal device supports a capability of independent gap measurements in different frequency ranges.
One of ordinary skill in the art would have been motivated to make this modification in order to minimize measurement delay and signaling (Cui: [0023]).
Regarding claim 10, the combination of Chen, Lafleur, Li, and Cui discloses all the limitations of claim 9.
Neither Chen, Lafleur, nor Li expressly discloses interrupting, by the terminal device, the second behavior for NR FR2.
Cui discloses interrupting, by the terminal device, the second behavior for NR FR2 (a UE has a measurement gap repetition period configured for FR2 measurement objects, according to [0022], whereby at a later time the UE may transition to an RRC_Idle state by disconnecting from the network and not performing channel quality feedback, according to [0093]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen as modified by Lafleur as modified by Li as modified by Cui with Cui by interrupting, by the terminal device, the second behavior for NR FR2.
One of ordinary skill in the art would have been motivated to make this modification in order to minimize measurement delay and signaling (Cui: [0023]).
Claims 19-20 do not differ substantively from claims 9-10, respectively, and therefore are rejected on the same grounds as claims 9-10, respectively.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W GENACK whose telephone number is (571)272-7541. The examiner can normally be reached Monday through Friday, 9:00 AM to 5:00 PM Eastern Time.
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/MATTHEW W GENACK/Primary Examiner, Art Unit 2645
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