DETAILED ACTION
Response to Amendment
The amendment filed on 07/20/2026 has been entered and considered by Examiner. Claims 1, 4, 6, 11-13, 16, 18, 25, 28, 30, 31, 33, 35-37, 40, 42, 43, 45, and 47-52 are presented for examination. This Action is made FINAL.
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 of this title, 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, 4, 6, 11-13, 16, 18, 25, 28, 30, 31, 33, 35-37, 40, 42, 43, 45, and 47-52 are rejected under 35 U.S.C. 103 as being unpatentable over Siomina et al. (US Pub. 20190305918 A1) in view of Liu et al. (US Pub. 20190044678 A1).
For claims 1, and 25, Siomina discloses a method of wireless communication performed by a user equipment (UE) [0124], comprising:
receiving a reference signal carrier switching configuration for reference signal carrier switching between a first carrier and a second carrier associated with an uplink data channel or an uplink control channel transmission (Figs. 4-5, the device gets setup information about how to switch the reference signal between two different frequencies or carriers, this setup tells the device how to switch the reference signal between Carrier 1 and Carrier 2, these carriers are used when the device is sending either user data or control information to the network) [0117-123, 0138, 0150-167];
receiving an indication for uplink transmission switching between the second carrier and a third carrier (Figs. 4-5, the device also gets a message telling it to switch where it sends its signals from Carrier 2 to Carrier 3) [0104, 0120-122, 0136-140]; and
suspending transmission on the third carrier during a transmission of a reference signal on the first carrier based at least in part on (the device delaying/pausing sending any data on Carrier 3, while the device is busy sending a reference signal on Carrier 1 this pause is based on the fact that the device was already set up to handle switching for both reference signals and uplink data) [0180-183, 0200-226];
configuration information indicating that the UE is to suspend the uplink transmission on the third carrier during the transmission of the reference signal on the first carrier (the device might decide to pause using Carrier 3, the device stops sending signals on Carrier 3 while the device is sending a reference signal using Carrier 1, because the instructions it received specifically tell the device to pause using Carrier 3 while it's using Carrier 1 for the reference signal)) [0017], [0104], [0116]–[0117], and [0159]–[0178],
the UE being configured for the reference signal carrier switching between the first carrier and the second carrier [0109-112], and
the UE being configured for the uplink transmission switching between the second carrier and the third carrier (Figs. 4-5, the device pauses sending any data on Carrier 3, while the device is busy sending a reference signal on Carrier 1 this pause is based on the fact that the device was already set up to handle switching for both reference signals and uplink data) [0109-112, 0180-183, 0200-226].
But Siomina doesn’t discloses suspending uplink transmission.
However, Liu discloses suspending uplink transmission on the third carrier during a transmission of a reference signal on the first carrier (Fig. 2) [0320, 0034, 0154, 0179] based at least in part on:
Liu also discloses configuration information indicating that the UE is to suspend the uplink transmission on the third carrier during the transmission of the reference signal on the first carrier [0194], [0201], [0556], and [0580]–[0581];
the UE being configured for the reference signal carrier switching between the first carrier and the second carrier (Fig. 2) [0081, 0099, 0320, 0034], and
the UE being configured for the uplink transmission switching between the second carrier and the third carrier (Fig. 2) [0081, 0099, 0320, 0034].
Since, all are analogous arts addressing telecommunication signaling used by a mobile device; Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art would have been motivated to combine the teachings of Siomina with Liu to ensure optimum uplink communication schemes can enhance reliability of the communication signal.
Claim 25 differs from claim 1 only by the additional recitation of the following limitation, which is also taught by the cited prior art. The cited prior art Siomina further discloses
user equipment (UE) for wireless communication, comprising: one or more memories (Figs. 8-9) [0396-402]; and one or more processors coupled to the one or more memories, the one or more processors configured to (Figs. 8-9) [0396-402]: All other identical limitations are rejected based on the same rationale as shown above.
For claims 13, and 37, Siomina discloses method of wireless communication performed by a network node, comprising:
transmitting a reference signal carrier switching configuration that configures a user equipment (UE) to perform reference signal carrier switching between a first carrier and a second carrier associated with an uplink data channel or an uplink control channel transmission (Figs. 4-5, the device gets setup information about how to switch the reference signal between two different frequencies or carriers, this setup tells the device how to switch the reference signal between Carrier 1 and Carrier 2, these carriers are used when the device is sending either user data or control information to the network) [0117-123, 0138, 0150-167],
transmitting an indication for uplink transmission switching between the second carrier and a third carrier (Figs. 4-5, send a message telling it to switch where it sends its signals from Carrier 2 to Carrier 3) [0104, 0120-122, 0136-140]; and
suspending uplink communication on the third carrier with regard to the UE during a transmission of a reference signal on the first carrier based at least in part on (the device delaying/pausing sending any data on Carrier 3, while the device is busy sending a reference signal on Carrier 1 this pause is based on the fact that the device was already set up to handle switching for both reference signals and uplink data) [0180-183, 0200-226]:
configuration information indicating that the UE is to suspend the uplink transmission on the third carrier during the transmission of the reference signal on the first carrier (the device might decide to pause using Carrier 3, the device stops sending signals on Carrier 3 while the device is sending a reference signal using Carrier 1, because the instructions it received specifically tell the device to pause using Carrier 3 while it's using Carrier 1 for the reference signal)) [0017], [0104], [0116]–[0117], and [0159]–[0178]
the UE being configured for the reference signal carrier switching between the first carrier and the second carrier [0109-112], and
the UE being configured for the uplink transmission switching between the second carrier and the third carrier (Figs. 4-5, the device pauses sending any data on Carrier 3, while the device is busy sending a reference signal on Carrier 1 this pause is based on the fact that the device was already set up to handle switching for both reference signals and uplink data) [0109-112, 0180-183, 0200-226].
But Siomina doesn’t discloses suspending uplink transmission.
However, Liu discloses suspending uplink communication on the third carrier with regard to the UE during a transmission of a reference signal on the first carrier based at least in part on (Fig. 2) [0320, 0034, 0154, 0179] based at least in part on:
Liu also discloses configuration information indicating that the UE is to suspend the uplink transmission on the third carrier during the transmission of the reference signal on the first carrier [0194], [0201], [0556], and [0580]–[0581],
the UE being configured for the reference signal carrier switching between the first carrier and the second carrier (Fig. 2) [0081, 0099, 0320, 0034], and
the UE being configured for the uplink transmission switching between the second carrier and the third carrier (Fig. 2) [0081, 0099, 0320, 0034].
Since, all are analogous arts addressing telecommunication signaling used by a mobile device; Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art would have been motivated to combine the teachings of Siomina with Liu to ensure optimum uplink communication schemes can enhance reliability of the communication signal.
Claim 37 differs from claim 1 only by the additional recitation of the following limitation, which is also taught by the cited prior art. The cited prior art Siomina further discloses a network node for wireless communication, comprising: one or more memories; and one or more processors coupled to the one or more memories, the one or more processors configured to (Figs. 8-9) [0396-402]: All other identical limitations are rejected based on the same rationale as shown above.
For claims 4, 16, 28, and 40, Siomina, as modified by Liu, discloses to suspend the uplink transmission on the third carrier comprises:
temporarily suspending the uplink transmission on the third carrier (the device only stops sending on Carrier 3 for a short period while the device is using Carrier 1 to send a reference signal because the device was already set up to handle both reference signal switching and uplink switching) [0132-135].
For claims 6, 18, 30, and 42, Siomina, as modified by Liu, discloses the configuration information is based at least in part on a capability indicating that the UE is associated with a switched uplink (Fig. 7, steps 302-310, device is capable of switching between different uplink carriers — i.e., it has "switched uplink" ability) [0312-335].
For claims 11, 35, 47, and 52, Siomina, as modified by Liu, discloses the first carrier is a time division duplexing carrier configured with DL and UL slots but without an uplink data channel or control channel transmission [0248-250, 0005, 0098].
For claims 12, 36, and 48, Siomina, as modified by Liu, discloses the reference signal is a sounding reference signal (SRS) and the time associated with the transmission of the reference signal includes at least one of: an SRS transmission time, or a radio frequency retuning time [0095-96, 0004-5].
For claims 31, 43, and 50 Siomina, as modified by Liu, discloses the configuration information is based at least in part on a capability indicating that the UE is associated with a dual uplink [0053, 0094, 0379].
For claims 33, 45, and 51 Siomina, as modified by Liu, discloses the one or more processors, to suspend the uplink transmission on the third carrier, are configured to: suspend the uplink transmission on the third carrier based at least in part on a capability indicating that the UE is associated with a switched uplink (Fig. 7, steps 302-310, device is capable of switching between different uplink carriers — i.e., it has "switched uplink" ability) [0312-335].
For claim 49, Siomina, as modified by Liu, discloses the reference signal carrier switching is from the second carrier to the first carrier [0117-123, 0138, 0150-167].
Response to Arguments
Applicant's latest filed arguments have been fully considered but they are not persuasive.
With regard to the references failing to teach every element recited in the independent claims; the Examiner respectfully disagrees with the arguments by the Applicant. Even though, the Examiner acknowledges Applicant's invention may possess some novel features, the claims are written too broad that can be read on the current cited prior art(s). Further actions must be taken to explicitly claim those novel features of the current application.
With regards to the argument for the limitation “…configuration information indicating that the UE is to suspend the uplink transmission on the third carrier during the transmission of the reference signal on the first carrier…”, the Examiner asserts that Liu’s Paragraph [0194] teaches the limitation most directly: “if a TDD SCell is indicated by the network for an aperiodic SRS transmission on a subframe, the UE shall interpret that UL transmissions on other SCells beyond its UL CA capability are dropped or not to be scheduled.” Here, the network’s indication that a carrier is to carry an aperiodic sounding reference signal (SRS) constitutes the claimed “configuration information”; the SCell carrying the SRS can be mapped to the claimed first carrier; and another SCell whose uplink transmissions are “dropped or not to be scheduled” can be mapped to the claimed third carrier. Because the dropping applies to the subframe identified for the SRS transmission, the uplink suspension occurs during transmission of the reference signal. Paragraph [0201] reinforces this disclosure by stating that “a UE may cease all transmissions over the first component carrier at a time specified by the instruction received from the network” and that the switching instructions may identify both “a time instance in which the UE should cease transmission over the current component carrier” and “an instance to begin transmitting signalling (e.g., SRS or otherwise) on the target component carrier.” Paragraph [0556] confirms that such instructions can be configuration information because it describes “a higher-layer control signal … that specifies a periodic uplink SRS switching configuration.” Finally, paragraph [0580] expressly describes receiving an SRS on one component carrier “without receiving any uplink signaling” from the UE on another component carrier during the same period. Thus, paragraphs [0194], [0201], [0556], and [0580]–[0581] collectively teach configuration information directing the UE to suspend uplink transmission on another carrier while transmitting SRS on the selected carrier.
Siomina also on Paragraph [0017] expressly explains that “SRS based carrier switching simply means that during certain time resources the UE does not transmit any signal on one carrier (e.g. F1) while it transmits SRS on another carrier (e.g. F2).” Therefore, the carrier on which SRS is transmitted can be mapped to the claimed first carrier, while the carrier on which the UE “does not transmit any signal” can be mapped to the claimed third carrier. The reference also provides an express three-carrier context: paragraph [0104] describes a PCell on first carrier frequency f1, a first SCell on second carrier frequency f2, and a second SCell on third carrier frequency f3, while paragraph [0116] explains that one uplink carrier is fixed in the PCell and “SRS switching is done on one of the SCells (e.g., from SCell1 to SCell2).” Paragraph [0117] supplies the claimed configuration information by stating that the UE receives SRS-switching messages or commands through “RRC signaling,” a “MAC CE command,” or a physical-layer message such as DCI. Paragraphs [0159]–[0162] further explain that the information may specify when SRS switching is performed, which carriers are involved, and when SRS transmissions start and stop; paragraphs [0167]–[0178] state that the SRS switching configuration may specify the set of carriers, the switching sequence, the time and frequency resources, and the source and target carriers. When these configuration passages are read with the definition in paragraph [0017], they teach configuration information indicating that the UE must stop transmitting on the source SCell during the configured time in which it transmits SRS on the target SCell. ARGUMENT DOES NOT REPLACE EVIDENCE WHERE EVIDENCE IS
NECESSARY
The arguments made by the counsel cannot take the place of evidence in the record. The Applicant representative’s arguments for the obvious reason to combine the implicit and explicit teaching of the cited reference(s) failed to provide factual support to sustain the ground of arguments. The mere statement of disagreement of the prior art made by the Applicant’s representative cannot be served as evidence for support. Please see the following case law for detail:
In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965); In re Geisler, 116 F.3d 1465,43 USPQ2d 1362 (Fed. Cir. 1997) (“An assertion of what seems to follow from common experience is just attorney argument and not the kind of factual evidence that is required to rebut a prima facie case of obviousness.”). See MPEP § 716.01(c) for examples of attorney statements which are not evidence and which must be supported by an appropriate affidavit or declaration.
ARGUING AGAINST REFERENCES INDIVIDUALLY
One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck and Co., Inc., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
As discussed above, it is apparent that the Applicant's cited limitations, elements, and arguments have already been disclosed by the relevant prior art(s) or were thoroughly addressed by the Examiner. Additionally, the current Office Action provides further elaboration on the explicit and implicit teachings of the aforementioned disclosed reference(s). It is important to note that any justifications and citations utilized in the preceding Office Action which were not contested by the Applicant shall be regarded as an implicit admission by the Applicant on the matter at hand.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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.
Inquiries
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to PAKEE FANG whose telephone number is (571)270-3633. The Examiner can normally be reached on Mon-Fri 9:00AM-5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Armouche, Hadi can be reached on 571-270-3618. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAKEE FANG/
Primary Examiner, Art Unit 2409
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