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 .
Continued Examination under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/18/2026 has been entered.
Response to Amendment
This communication is considered fully responsive to the amendment filed on 03/02/2026.
Claims 1, 10, 17 and 26 have been amended.
Response to Arguments
Applicant’s arguments with respect to independent claims filed on 03/02/2026 have been considered but are deemed unpersuasive. The arguments assert that the combination is improper because Chien (US 2025/0008514, “Chien”) allegedly discloses only switching, while Sun et al. (US 2023/0362919, “Sun”) allegedly discloses only grouping. However, that characterization is incomplete because Chien expressly ties the switching operation to a PUCCH group framework by disclosing that, for switching of the PUCCH cell/carrier carrying HARQ-ACK and/or SR, the gNB can configure a set of cells as a PUCCH group for performing PUCCH cell/carrier switching. Thus, Chien does not teach switching in isolation, but rather teaches switching performed withing a configured PUCCH group of cells.
Sun likewise is not relied on merely for an abstract grouping concept. Rather, Sun teaches UE reporting of PUCCH related capability information, including PUCCH grouping capability information and PUCCH location capability information. As further evidenced by Par. 0124, Sun teaches enhancement to the PUCCH grouping/location capability under a condition in which two PUCCH groups are reported per band combination for NR-CA with three or more bands and at least two carrier types from the set {FR1 licensed TDD, FR1 unlicensed TDD, FR1 licensed FDD, FR2}. This shows that Sun teaches structured UE capability reporting tied to band combinations and multiple carrier types for PUCCH grouping/location support, rather than mere generic grouping.
More particularly, Sun teaches that the reported PUCCH capability concerns which carrier types or bands may be configured in the same PUCCH group and which carrier types or bands may be used to transmit PUCCH. Accordingly, Sun teaches UE capability reporting that identifies supported PUCCH related band/carrier-type relationships. Those teachings reasonably complement Chien’s disclosure that PUCCH cell/carrier switching is performed using a configured set of cells as a PUCCH group.
It would have been obvious to a person of ordinary skill in the art to use the UE capability reporting taught by Sun in the PUCCH switching arrangement of Chien so that the network configures PUCCH cell/carrier switching only among cells, bands, or carrier types that the UE has reported as supporting grouped PUCCH operation and PUCCH transmission. Further, because Sun teaches that the UE reports PUCCH grouping capability information identifying carrier types of bands configurable in the same PUCCH group, and PUCCH location capability information identifying carrier types of bands configurable to transmit PUCCH, a person skilled in the art would have understood those reported band/carrier type relationships as defining the supported band-type combination from which Chien’s configured PUCCH switching group could be formed and between which PUCCH cell/carrier switching could be performed. Stated differently Sun would have suggested a capability based definition of the particular bands or carrier types eligible for use in the PUCCH switching group of Chien.
The proposed combination therefore does not impermissibly graft unrelated “grouping” onto unrelated “switching”. Rather, Chien already teaches switching within a PUCCH-group context, and Sun teaches the UE capability reporting that informs which grouped cells, bands, or carrier types are supported for PUCCH operation. Using Sun’s reported capability information with Chien’s switching configuration would have predictably allowed the network to constrain PUCCH switching to supported PUCCH-capable band/carrier-type arrangements in a multi-band carrier-aggregation environment, thereby improving configuration accuracy and avoiding unsupported switching arrangements.
Accordingly, the arguments’ assertion that Chien discloses only switching and Sun discloses only grouping is not commensurate with the actual teachings relied upon in the rejection. For the reasons above, one skilled in the art would have found it obvious to modify Chien in view of Sun to employ UE-reported PUCCH groping/location capability to define the supported band/carrier-type relationships for the PUCCH group used in Chien’s PUCCH cell/carrier switching operation.
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.
Claim(s) 1-5, 7, 9-14, 17-21, 23 and 25-30 rejected under 35 U.S.C. 103 as being unpatentable over Chien (US 2025/0008514, “Chien”, provisional application 63275503 (“503”)) in view of Sun et al. (US 2023/0362919, “Sun”).
Examiner’s note: in what follows, references are drawn to Chien unless otherwise mentioned.
Chien comprises the following features:
With respect to independent claims:
Regarding claim 1, a method of wireless communication, by a user equipment (UE), comprising:
reporting (This will be discussed in view of Sun.) a UE capability for physical uplink control channel (PUCCH) cell switching ([0241] “If at least one of PUCCH cell/carrier supporting PUCCH cell/carrier switching within a PUCCH group is activated and a UE capability of the UE can match with the function of PUCCH cell/carrier switching”. See [503, Page 2 and Fig. 1-1].), the UE capability comprising at least one pair of band types capable of supporting PUCCH cell switching ([0155 and Fig. 7] “For switching of the PUCCH cell/carrier carrying HARQ-ACK and/or SR using a predetermined rule or indicated by gNB, the gNB can configure a set of cells as a PUCCH group for performing PUCCH cell/carrier switching based on one or more of the following features or settings.”, and [0240] “When the UE determines at least one PUCCH group in a plurality of PUCCH groups capable of PUCCH cell/carrier switching based on PUCCH group configuration (S202)”. Fig. 7 depicts SCell-1 and SCell-2. See [503, Page 2 and Fig. 1-1].), each band type of the at least one pair of band types supporting PUCCH cell transmission (See Fig. 7 for PUCCH-1 in Scell-1 and PUCCH-2 in Scell-2, for instance.), each band type indicating at least one of a frequency range or a type of multiplexing (This will be discussed in view of Sun.), the reporting limited to a subset of combinations of band types supporting PUCCH cell transmission in a PUCCH group (This will be discussed in view of Sun.);
transmitting a first PUCCH with a first band type selected from the at least one pair of band types (See Fig. 7 PUCCH-1 transmission in SCell-1 based on PDSCH-1 and SPS PDSCH-1 in PCell.); and
switching to a second band type selected from the at least one pair of band types, for transmitting a second PUCCH (See Fig. 7 for PUCCH-2 in Scell-2 from SPS PDSCH-2 of PCell, and [0153] “When the condition is satisfied, the UE determines the target cell for PUCCH cell/carrier switching based on an indication from the gNB or a predetermined rule, switches to the target cell, and performs PUCCH transmission on the target cell (S005).”).
It is noted that while disclosing PUCCH switching, Chien does not specifically teach about reporting its capability and band types. It, however, had been known in the art before the effective date of the instant application as shown by Sun as follows;
report … each band type indicating at least one of a frequency range or a type of multiplexing ([Sun, 0076] “PUCCH group related capability are defined by feature group (FG).”, and [Sun, 0083] “The PUCCH location can be reported with carrier type resolution, i.e., {FR1 licensed TDD, FR1 unlicensed TDD, FR1 licensed FDD, FR2}.”);
the reporting limited to a subset of combinations of pairs of band types supporting PUCCH cell switching in a PUCCH group ([Sun, 0101-108] “[0101] For example, assume there is a Band Combination (BC) containing 4 bands (B1, B2, B3, B4) [0102] B1: FR1 licensed TDD [0103] B2: FR1 licensed TDD [0104] B3: FR1 licensed FDD [0105] B4: FR2 [0106] For this BC, UE may report the PUCCH grouping capability information as follows: [0107] For primary PUCCH group, {1 0 1 0} [0108] For secondary PUCCH group, {0 0 0 1}”, and [Sun, 0124] “The enhancement to the PUCCH grouping/location capability is agreed under the following condition, i.e., two PUCCH groups is reported per Band Combination (BC) for NR-CA with 3 or more bands with at least two carrier types from carrier types {FR1 licensed TDD, FR1 unlicensed TDD, FR1 licensed FDD, FR2}.”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify Chien by using the features of Sun in order to increase coverage and better services such that “methods to provide an enhancement for PUCCH and Cell Grouping Capability for NR-CA and NR-DC.” [Sun, 0004].
Regarding claim 10, a method of wireless communication by a network device, comprising:
receiving (This will be discussed in view of Sun.) a user equipment (UE) capability report comprising at least one pair of band types supported for physical uplink control channel (PUCCH) cell switching ([0155 and Fig. 7] “For switching of the PUCCH cell/carrier carrying HARQ-ACK and/or SR using a predetermined rule or indicated by gNB, the gNB can configure a set of cells as a PUCCH group for performing PUCCH cell/carrier switching based on one or more of the following features or settings.”, and [0240] “When the UE determines at least one PUCCH group in a plurality of PUCCH groups capable of PUCCH cell/carrier switching based on PUCCH group configuration (S202)”. Fig. 7 depicts SCell-1 and SCell-2. See [503, Page 2 and Fig. 1-1].), each band type of the at least one pair of band types supporting PUCCH cell transmission (See Fig. 7 for PUCCH-1 in Scell-1 and PUCCH-2 in Scell-2, for instance.), each band type indicating at least one of a frequency range or a type of multiplexing (This will be discussed in view of Sun.), the report limited to a subset of combination of pairs of band types supporting PUCCH cell switching in a PUCCH group (This will be discussed in view of Sun.); and
configuring a UE to operate PUCCH cell switching between two cells from two different bands of the at least one pair of band types ([0072] “The gNB 20 provides PUCCH-related configuration information 111 to the UE 10 (S1), and the UE 10 receives PUCCH-related configuration information (S2).”).
It is noted that while disclosing PUCCH switching, Chien does not specifically teach about reporting its capability and band types. It, however, had been known in the art before the effective date of the instant application as shown by Sun as follows;
receiving … each band type indicating at least one of a frequency range or a type of multiplexing ([Sun, 0076] “PUCCH group related capability are defined by feature group (FG).”, and [Sun, 0083] “The PUCCH location can be reported with carrier type resolution, i.e., {FR1 licensed TDD, FR1 unlicensed TDD, FR1 licensed FDD, FR2}.”);
the reporting limited to a subset of combinations of pairs of band types supporting PUCCH cell switching in a PUCCH group ([Sun, 0101-108] “[0101] For example, assume there is a Band Combination (BC) containing 4 bands (B1, B2, B3, B4) [0102] B1: FR1 licensed TDD [0103] B2: FR1 licensed TDD [0104] B3: FR1 licensed FDD [0105] B4: FR2 [0106] For this BC, UE may report the PUCCH grouping capability information as follows: [0107] For primary PUCCH group, {1 0 1 0} [0108] For secondary PUCCH group, {0 0 0 1}”, and [Sun, 0124] “The enhancement to the PUCCH grouping/location capability is agreed under the following condition, i.e., two PUCCH groups is reported per Band Combination (BC) for NR-CA with 3 or more bands with at least two carrier types from carrier types {FR1 licensed TDD, FR1 unlicensed TDD, FR1 licensed FDD, FR2}.”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify Chien by using the features of Sun in order to increase coverage and better services such that “methods to provide an enhancement for PUCCH and Cell Grouping Capability for NR-CA and NR-DC.” [Sun, 0004].
Regarding claim 17, it is an apparatus claim corresponding to the method claim 1, except the limitations, “a memory; and at least one processor coupled to the memory” (See Fig. 1 for 11b and 12b, Processor and Memory, respectively.), and is therefore rejected for the similar reasons set forth in the rejection of claim 1.
Regarding claim 26, it is a terminal claim corresponding to the method claim 10, except the limitations, “a memory; and at least one processor coupled to the memory” (See Fig. 1 for 22a and 21a, Memory and Processor, respectively.), and is therefore rejected for the similar reasons set forth in the rejection of claim 10.
With respect to dependent claims:
Regarding claims 2, 11, 18 and 27, the method of claim 1, the method of claim 10, the apparatus of claim 17 and the apparatus of claim 26, respectively, in which the switching is based on semi-static indication of cell switching ([0314] “a UE capable of performing PUCCH cell/carrier switching based on a time pattern for semi-static PUCCH cell/carrier switching”),.
Regarding claims 3, 12, 19 and 28, the method of claim 1, the method of claim 10, the apparatus of claim 17 and the apparatus of claim 26, respectively, in which the switching is based on dynamic indication of cell switching ([0106] “for dynamic switching of PUCCH cell/carrier carrying HARQ-ACK and/or SR (scheduling request) based on a predetermined rule or indicated by gNB”).
Regarding claims 4, 13, 20 and 29, the method of claim 1, the method of claim 10, the apparatus of claim 17 and the apparatus of claim 26, respectively, in which the at least one pair of band types comprises one of: {frequency range one (FR1 time division duplexed (TDD), FR1 TDD)} (This alternative is not examined.), {FR1 TDD, frequency range two (FR2) TDD} (See Fig. 7 for switching between PDSCH-1 in PCell and PUCCH-1 in Scell-1, and [0159] “cells with TDD configurations having non-overlapped UL slot/sub-slot in the time domain can be selected to form a PUCCH group.”), or {FR2 TDD, FR2 TDD} (See Fig. 7 for switching between PDSCH-2 and PUCCH-2 in SCell-2).
Regarding claims 5, 14, 21 and 30, the method of claim 1, the method of claim 10, the apparatus of claim 17 and the apparatus of claim 26, respectively, in which the reporting is per band combination ([Salah, 0029] “The UE may report the number or the maximum number of groups (e.g., PUCCH groups, cell-groups, or newly defined groups of cells) on which it can support dynamic cross-carrier scheduling for PUCCH. The UE may also report its capability for each group (e.g., a PUCCH group, a cell-group, or a newly defined group of cells)”).
Regarding claims 7 and 23, the method of claim 1 and the apparatus of claim 17, respectively, in which the reporting is per PUCCH grouping configuration of a band combination ([Salah, 0029] “The UE may also report its capability for each group (e.g., a PUCCH group, a cell-group, or a newly defined group of cells) in an event that it can support PUCCH carrier switching.”).
Regarding claims 9 and 25, the method of claim 1 and the apparatus of claim 17, respectively, further comprising selecting each band type from a list of supported band types for PUCCH transmission in a PUCCH group of a configuration of a band combination in carrier aggregation ([0169] “The UE selects one of the PUCCH cells within a PUCCH group at a particular slot/sub-slot scheduled for transmission of HARQ-ACK and/or SR according to the selection order.”, [0155] “cells with TDD configurations having non-overlapped UL slot/sub-slot in the time domain can be selected to form a PUCCH group.”, and [0160] “The gNB can configure in a PUCCH cell supporting PUCCH cell/carrier switching within a PUCCH group, one or more PUCCH resources which is specific for HARQ-ACK and/or SR transmission upon switching to the PUCCH cell supporting PUCCH cell/carrier switching.”).
Claim(s) 6 and 22 rejected under 35 U.S.C. 103 as being unpatentable over Chien (US 2025/0008514, “Chien”, provisional application 63275503 (“503”)) in view of Sun et al. (US 2023/0362919, “Sun”) and further in view of Kittichokechai et al. (US 2023/0379095, “Kittichokechai”).
Examiner’s note: in what follows, references are drawn to Chien unless otherwise mentioned.
Regarding claims 6 and 22, it is noted that while disclosing PUCCH switching, Chien does not specifically teach about reporting per configuration. It, however, had been known in the art before the effective date of the instant application as shown by Salah as follows;
the method of claim 1 and the apparatus of claim 17, respectively, in which the reporting is for a primary PUCCH group and a secondary PUCCH group per PUCCH grouping configuration of a band combination ([Kittichokechai, 0174] “the HARQ feedback relating to DL transmissions on the cells in the first PUCCH group is transmitted in the UL of the primary cell, PCell, of the first PUCCH group and the HARQ feedback relating to DL transmissions on the cells in the second PUCCH group is transmitted in the UL of the primary second cell, PSCell, or on a PUCCH secondary cell, PUCCH-SCell, of the second PUCCH group”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify Chien by using the features of Kittichokechai in order to be adaptive for aggregating a second carrier such that “The method of operating a network node includes configuring a UE with a PUCCH group including a plurality of cells, and configuring the UE to dynamically change a cell on which HARQ feedback for a cell of the PUCCH group is transmitted” [Kittichokechai, 0009].
Claim(s) 15 rejected under 35 U.S.C. 103 as being unpatentable over Chien (US 2025/0008514, “Chien”, provisional application 63275503 (“503”)) in view of Sun et al. (US 2023/0362919, “Sun”) and further in view of Nilsson et al. (US 2025/0192860, “Nilsson”).
Examiner’s note: in what follows, references are drawn to Chien unless otherwise mentioned.
Regarding claim 15, it is noted that while disclosing PUCCH switching, Chien does not specifically teach about configuring per PUCCH group. It, however, had been known in the art before the effective date of the instant application as shown by Nilsson as follows;
the method of claim 10, in which the configuring is per PUCCH group per PUCCH grouping of a band combination ([Nilsson, 0101] “the configuration is per PUCCH resource group.”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify Chien by using the features of Nilsson in order to provide effective and efficient uplink control data such that “to provide methods and devices that may enable an association between an uplink control data transmission and one or more TCI states in a simple manner” [Nilsson, 0035].
Claim(s) 16 rejected under 35 U.S.C. 103 as being unpatentable over Chien (US 2025/0008514, “Chien”, provisional application 63275503 (“503”)) in view of Sun et al. (US 2023/0362919, “Sun”) and further in view of Ying et al. (US 2025/0015958, “Ying”).
Examiner’s note: in what follows, references are drawn to Chien unless otherwise mentioned.
Regarding claim 16, it is noted that while disclosing PUCCH switching, Chien does not specifically teach about configuring per PUCCH grouping configuration. It, however, had been known in the art before the effective date of the instant application as shown by Ying as follows;
the method of claim 10, in which the configuring is per PUCCH grouping configuration of a band combination ([Ying, 0256] “The configuration (e.g., RRC) and/or indication (e.g., L1 PDCCH DCI, L2 MAC CE) may be provided per PUCCH cell group and/or per SPS configuration.”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify Chien by using the features of Ying in order to improve in communication capacity, speed, flexibility and efficiency such that “systems and methods that improve communication flexibility and/or efficiency” [Ying, 0004].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Harry H. Kim whose telephone number and email address are as follows; 571-272-5009, harry.kim2@uspto.gov.
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/HARRY H KIM/ Primary Examiner, Art Unit 2411
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