DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
RCE filed 3/17/2026 is acknowledged. Amendment dated 2/12/2026 is entered.
Claims 1, 2, 4, 56, 14, 15, 22, 23, 25, 27, 35, 36, and 43-46 have been amended.
Claims 8, 17, 29, and 38 have been cancelled.
Claims 1-7, 9-16, 18-28, 30-37, and 39-46 remain pending.
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, 2, 6, 7, 9-15, 18-23, 27, 28, 30-36, and 39-46 are rejected under 35 U.S.C. 103 as being unpatentable over Talarico et al. (US20210007129A1), hereafter Talarico, in view of Babaei et al. (USP11451344B2), hereafter Babaei.
Regarding claims 1, 2, and 45,
Talarico discloses a non-transitory computer-readable medium (Fig. 10) storing code for wireless communications at a user equipment (UE) (Fig. 9), the code comprising instructions executable by at least one processor (paragraph 217-221) to perform a method (Fig. 4) comprising operating in accordance with an uplink carrier aggregation configuration on a primary cell and a secondary cell (paragraph 4, 19, 148-151) and receiving a grant for an uplink shared channel transmission mapped to the primary cell on a first set of uplink slots (Fig. 2; paragraph 37-38, 149; UE configured with PCell and SCell, UE receives UL grants on configured SCells).
Talarico further shows generating uplink control information mapped to the secondary cell (Fig. 1, paragraph 7, 34; CG-UCI), wherein the uplink shared channel transmission is scheduled to overlap with the uplink control information (Fig. 4, step 404; Fig. 5, step 504; paragraphs 47, 55, 76; CG-PUSCH overlaps with PUCCH), dropping the grant for uplink shared channel transmission on the first set of uplink slots of the primary cell (Talarico: paragraph 47, 55, 76, 244; either CG-UCI on CG-PUSCH or legacy UCIs are dropped based on rules), and modifying a configuration for the transmission of the uplink control information based at least in part on the shared channel transmission not occurring on the primary cell during the first set of uplink slots (Fig. 4, step 408; Fig. 5, step 508; paragraphs 47, 55, 76, 244; UCI dropped according to priority rules when CG-PUSCH and PUCCH overlap).
Talarico discloses and further discloses uplink transmission switching from primary cell to secondary cell (paragraph 149; UE configured with SCells assisted by PCell indicating different PUSCH starting positions with a subframe) but fails to expressly disclose uplink transmission switching is scheduled to occur from the primary cell to the secondary cell prior to a transmission of the uplink control information and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell.
Babaei discloses analogous prior art describing HARQ feedback (Title) in relation to Carrier Aggregation and PCell/SCell switching and overlap considerations (Fig. 23-25; Col. 9, lines 1-45; Col. 24-25, lines 60-65 describing overlap of subslots between PCell/SCell) in which uplink transmission switching does not occur on the primary cell (i.e. switched to SCell) prior to a transmission of the uplink control information (Fig. 16-22, 26-34, 36-38, 41 and associated disclosure, describing various scenarios under which determination to transmit/drop of UCI/HARQ based on switching timing scheduled to occur prior to the indicated UCI/HARQ timing) and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell (Col. 43-44; dropping UCI/HARQ on PUSCH).
It would have been obvious to one of ordinary skill in the art before the time of effective filing to implement the priority modifying a configuration and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell in Talarico when the uplink transmission switching does not occur on the primary cell prior to a transmission of the uplink control information, as in Babaei, thereby efficiently controlling whether to transmit or drop uplink control information such as HARQ feedback based on priority rules when switching between primary and secondary cells.
Regarding claims 22, 23, and 43,
Talarico discloses a user equipment (UE) for wireless communications (Fig. 9) comprising at least one processor (CPUs 904); memory (memory 904G; paragraph 196) coupled with the at least one processor; and instructions stored in the memory and executable by the at least one processor (Fig. 10; paragraph 217-221) to cause the UE to operate in accordance with an uplink carrier aggregation configuration on a primary cell and a secondary cell (paragraph 4, 19, 148-151) and means to receive a grant for an uplink shared channel transmission mapped to the primary cell on a first set of uplink slots (Fig. 2; paragraph 37-38, 149; UE configured with PCell and SCell, UE receives UL grants on configured SCells).
Talarico further shows means to generate uplink control information mapped to the secondary cell (Fig. 1, paragraph 7, 34; CG-UCI), wherein the uplink shared channel transmission is scheduled to overlap with the uplink control information (Fig. 4, step 404; paragraphs 47, 55, 76; CG-PUSCH overlaps with PUCCH) and means to modify a configuration for the transmission of the uplink control information based at least in part on the shared channel transmission not occurring on the primary cell during the first set of uplink slots (Fig. 4, step 408; Fig. 5, step 508; paragraphs 47, 55, 76, 244; UCI dropped according to priority rules when CG-PUSCH and PUCCH overlap).
Talarico discloses and further discloses uplink transmission switching from primary cell to secondary cell (paragraph 149; UE configured with SCells assisted by PCell indicating different PUSCH starting positions with a subframe) but fails to expressly disclose uplink transmission switching is scheduled to occur from the primary cell to the secondary cell prior to a transmission of the uplink control information and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell.
Babaei discloses analogous prior art describing HARQ feedback (Title) in relation to Carrier Aggregation and PCell/SCell switching and overlap considerations (Fig. 23-25; Col. 9, lines 1-45; Col. 24-25, lines 60-65 describing overlap of subslots between PCell/SCell) in which uplink transmission switching does not occur on the primary cell (i.e. switched to SCell) prior to a transmission of the uplink control information (Fig. 16-22, 26-34, 36-38, 41 and associated disclosure, describing various scenarios under which determination to transmit/drop of UCI/HARQ based on switching timing scheduled to occur prior to the indicated UCI/HARQ timing) and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell (Col. 43-44; dropping UCI/HARQ on PUSCH).
It would have been obvious to one of ordinary skill in the art before the time of effective filing to implement the priority modifying a configuration and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell in Talarico when the uplink transmission switching does not occur on the primary cell prior to a transmission of the uplink control information, as in Babaei, thereby efficiently controlling whether to transmit or drop uplink control information such as HARQ feedback based on priority rules when switching between primary and secondary cells.
Regarding claims 14 and 46,
Talarico discloses a non-transitory computer-readable medium (Fig. 10) storing code for wireless communications at a network entity (gNB; Fig. 6, 611a-b; Fig. 7) comprising instructions executable by at least one processor (Fig. 10; paragraph 217-221) to perform a method (Fig. 5) comprising transmitting, to a user equipment (UE), a grant for an uplink shared channel transmission mapped to a primary cell on a first set of uplink slots (Fig. 1, paragraph 7, 34; CG-UCI), wherein the uplink shared channel transmission is scheduled to overlap with an uplink control information (Fig. 5, step 504; paragraphs 47, 55, 76; CG-PUSCH overlaps with PUCCH) and receiving, from the UE, the uplink control information in accordance with a modified configuration for the transmission of the uplink control information based at least in part on the shared channel transmission not occurring on the primary cell during the first set of uplink slots (Fig. 4, step 408; Fig. 5, step 508; paragraphs 47, 55, 76, 244; UCI dropped according to priority rules when CG-PUSCH and PUCCH overlap).
Talarico discloses and further discloses uplink transmission switching from primary cell to secondary cell (paragraph 149; UE configured with SCells assisted by PCell indicating different PUSCH starting positions with a subframe) but fails to expressly disclose uplink transmission switching is scheduled to occur from the primary cell to the secondary cell prior to a transmission of the uplink control information and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell.
Babaei discloses analogous prior art describing HARQ feedback (Title) in relation to Carrier Aggregation and PCell/SCell switching and overlap considerations (Fig. 23-25; Col. 9, lines 1-45; Col. 24-25, lines 60-65 describing overlap of subslots between PCell/SCell) in which uplink transmission switching does not occur on the primary cell (i.e. switched to SCell) prior to a transmission of the uplink control information (Fig. 16-22, 26-34, 36-38, 41 and associated disclosure, describing various scenarios under which determination to transmit/drop of UCI/HARQ based on switching timing scheduled to occur prior to the indicated UCI/HARQ timing) and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell (Col. 43-44; dropping UCI/HARQ on PUSCH).
It would have been obvious to one of ordinary skill in the art before the time of effective filing to implement the priority modifying a configuration and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell in Talarico when the uplink transmission switching does not occur on the primary cell prior to a transmission of the uplink control information, as in Babaei, thereby efficiently controlling whether to transmit or drop uplink control information such as HARQ feedback based on priority rules when switching between primary and secondary cells.
Regarding claims 35 and 44,
Talarico discloses a network entity for wireless communications (gNB; Fig. 6, 611a-b; Fig. 7) comprising at least one processor (CPUs 904); memory (memory 904G; paragraph 196) coupled with the at least one processor; and instructions stored in the memory and executable by the at least one processor (Fig. 10; paragraph 217-221) to cause the apparatus to transmit, to a user equipment (UE), a grant for an uplink shared channel transmission mapped to a primary cell on a first set of uplink slots (Fig. 1, paragraph 7, 34; CG-UCI), wherein the uplink shared channel transmission is scheduled to overlap with an uplink control information (Fig. 5, step 504; paragraphs 47, 55, 76; CG-PUSCH overlaps with PUCCH) and means to receive, from the UE, the uplink control information in accordance with a modified configuration for the transmission of the uplink control information based at least in part on the shared channel transmission not occurring on the primary cell during the first set of uplink slots (Fig. 4, step 408; Fig. 5, step 508; paragraphs 47, 55, 76, 244; UCI dropped according to priority rules when CG-PUSCH and PUCCH overlap).
Talarico discloses and further discloses uplink transmission switching from primary cell to secondary cell (paragraph 149; UE configured with SCells assisted by PCell indicating different PUSCH starting positions with a subframe) but fails to expressly disclose uplink transmission switching is scheduled to occur from the primary cell to the secondary cell prior to a transmission of the uplink control information and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell.
Babaei discloses analogous prior art describing HARQ feedback (Title) in relation to Carrier Aggregation and PCell/SCell switching and overlap considerations (Fig. 23-25; Col. 9, lines 1-45; Col. 24-25, lines 60-65 describing overlap of subslots between PCell/SCell) in which uplink transmission switching does not occur on the primary cell (i.e. switched to SCell) prior to a transmission of the uplink control information (Fig. 16-22, 26-34, 36-38, 41 and associated disclosure, describing various scenarios under which determination to transmit/drop of UCI/HARQ based on switching timing scheduled to occur prior to the indicated UCI/HARQ timing) and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell (Col. 43-44; dropping UCI/HARQ on PUSCH).
It would have been obvious to one of ordinary skill in the art before the time of effective filing to implement the priority modifying a configuration and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell in Talarico when the uplink transmission switching does not occur on the primary cell prior to a transmission of the uplink control information, as in Babaei, thereby efficiently controlling whether to transmit or drop uplink control information such as HARQ feedback based on priority rules when switching between primary and secondary cells.
Regarding claims 6, 7, 27, and 28,
Talarico does not expressly disclose, but Babaei does disclose mapping the transmission of the uplink control information of the secondary cell from a first uplink slot of the secondary cell to a second/subsequent available uplink slot of the secondary cell based at least in part on the uplink shared channel transmission not occurring on the primary cell during the first uplink slots (Fig. 20-23; determine a subslot of 2nd BWP/SCell for UCI/HARQ feedback based on switching timing < indicated HARQ timing and durations of 1st subslot and 2nd/subsequent subslot). See motivation above.
Regarding claims 9, 10, 18, 30, 31, and 39,
The combination of Talarico and Babaei discloses the uplink carrier aggregation configuration is an inter-band carrier aggregation configuration supporting dual uplink transmission on one or more component carriers associated with the primary cell and the secondary cell (Talarico: paragraph 19, 148-149; various carrier aggregation configurations for dual connectivity are described; Babaei: Col. 9; dual connectivity using PCell and SCell). See motivation above.
Regarding claims 11, 19, 32, and 40,
The combination of Talarico and Babaei discloses the uplink control information of the secondary cell is multiplexed with the uplink shared channel transmission of the primary cell (Talarico: paragraph 36; UCI multiplexed with CG-UCI on the CG-PUSCH).
Regarding claims 12, 20, 33, and 41,
The combination of Talarico and Babaei discloses the primary cell is associated with a first carrier frequency and the secondary cell is associated with a second carrier frequency that is different from the first carrier frequency (Talarico: paragraphs 148-149; Babaei: Fig. 8, Col 19; different frequency/bandwidth for first/second BWPs/PCell/SCell). See motivation above.
Regarding claims 13, 21, 34, and 42,
The combination of Talarico and Babaei discloses the primary cell and the secondary cell are associated with a common cell group (Talarico: paragraph 47, 69, 76, 244; CG-PUSCH overlaps with PUCCH within a PUCCH group; Babaei: Col. 21, 25; group common search space for PCell/Scell; master cell group/secondary cell group). See motivation above.
Regarding claims 15 and 36,
Talarico does not expressly disclose, but Babaei does disclose receiving the transmission of the uplink control information on a second set of uplink slots of the primary cell different from the first set of uplink slots in accordance with the modified configuration for transmission of the uplink control information (Fig. 20-23; determine a subslot of 2nd BWP/SCell for UCI/HARQ feedback based on switching timing < indicated HARQ timing and durations of 1st subslot and 2nd/subsequent subslot). See motivation above.
Claims 3-5, 16, 24-26, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Talarico and Babaei as applied above, and further in view of Lei et al. (US20230388088A1), hereafter Lei.
Regarding claims 3 and 24,
The combination of Talarico and Babaei discloses modifying and dropping, as shown above, but does not expressly dropping the transmission of the uplink control information for consecutive uplink slots.
Lei discloses analogous prior art using for 5G downlink and uplink transmission over unlicensed spectrum (Title; Background) including dropping the transmission of the uplink control information for consecutive uplink slots (paragraph 42, 121; multi-slot scheduling feature for PUSCH includes a case of dropping uplink code block transmissions for consecutive slots).
It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Talarico and Babaei by dropping the transmission of the uplink control information for consecutive uplink slots, as shown by Lei, thereby reducing resource waste and lowering transmission latency.
Regarding claims 4, 5, 16, 25, 26, and 37,
The combination of Talarico and Babaei discloses modifying the cell mapping for the transmission of the uplink control information further comprises mapping the transmission of the uplink control information on the secondary cell to a second uplink slot of the primary cell different from the first uplink slot based at least in part on the uplink shared channel transmission not occurring on the primary cell during the first set of uplink slots (Babaei: Fig. 23-25, 35; shows mapping the UCI/HARQ transmission to a second sub-slot of a different cell/BWP; see motivation above) but does not expressly show a set of consecutive slots.
Lei discloses analogous prior art using for 5G downlink and uplink transmission over unlicensed spectrum (Title; Background) including modifying consecutive uplink slots of the uplink control information for (paragraph 42, 121; multi-slot scheduling feature for PUSCH includes modifying uplink code block transmissions over consecutive slots).
It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Tarlarico and Babaei by mapping a set of consecutive slots, as shown by Lei, for the modified configuration shown in Talarico and Babaei, thus reducing resource waste and lowering transmission latency.
Response to Arguments
Applicant's arguments filed 3/17/2026 have been fully considered but they are not persuasive.
In the Remarks on pg. 13-15 of the Amendment, Applicant contends Talarico fails to consider the dropping behavior in response to the uplink shared channel transmission not occurring on the primary cell during the first set of uplink slots, as now claimed. Applicant further alleges the secondary disclosure from Babaei fails to remedy this deficiency in Talarico because Babaei does not disclose dropping the uplink shared channel transmission or modifying a configuration for the transmission of the uplink control information based on the uplink shared channel transmission not occurring on the primary cell during the first set of uplink slots, as now claimed.
The Examiner respectfully disagrees. 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). As now shown in the rejection, Talarico discloses switching between different PCell and SCell such that the uplink shared channel transmission does not occur on the primary cell during the first set of uplink slots. Talarico is only admittedly deficient in showing that the uplink transmission switching is scheduled to occur from the primary cell to the secondary cell prior to a transmission of the uplink control information and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell. As also now shown in the rejection, secondary reference to Babaei is relied upon to show PCell/SCell switching and overlap considerations in which uplink transmission switching does not occur on the primary cell prior to a transmission of the uplink control information and dropping the uplink shared channel transmission from the first set of uplink slots of the primary cell, for the purposes of efficiently controlling whether to transmit or drop uplink control information such as HARQ feedback based on priority rules when switching between primary and secondary cells. Therefore, the rejections based on the combination of Talarico and Babaei are properly maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/GREGORY B SEFCHECK/Primary Examiner, Art Unit 2477
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