DETAILED ACTION
This Office action is in response to the application filed on 26 January 2024.
Claims 16-20 are new.
Claims 1-20 are presented for examination.
Claim Rejections - 35 USC § 112
.The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
.Claims 1-11, 13-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
.The terms of “transmit power capacity”, “less dependence”, in independent claims 1, 15 and of “determined independently”, :”less dependence”, “no dependence”, “transmit power capacity” in dependent claims 2-11, 13-14, 16-20 and of “similar dependence” in dependent claim 13 are relative terms which render the claims indefinite. Said terms are not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Said relative terms leave the reader in doubt as to the meaning of the technical features to which said terms refer, thereby rendering the definition of the subject-matter of the above claims unclear..
Claim Rejections - 35 USC § 102
.In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
.The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
.Claims 1-4, 7-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by BLACK et al. WO 2021/066855 A1.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
As to claim 1, BLACK discloses substantially the invention as claimed, including a method comprising:
determining a first transmit power capacity based on a first transmit power limit for a first antenna of a computing device (“[7], Generally, one or more aspects of the disclosed solution provide for an antenna selection with dynamic thresholds, wherein an antenna with a highest receive performance is not always selected but instead another antenna with lesser receive performance and a higher level of available transmit power is selected for wireless communication, wherein the level of available transmit power is the claimed “a transmit power capacity”; “[8], For example, the proposed solution may account or compensate for a difference in a transmit power level, such as a maximum transmit power level, between a first antenna and second antenna that would result in a switch to a particular antenna. For example, if a resulting transmit power level would be less than a transmit power level of a current (first) transmit antenna, then switching may occur with an increased switch threshold to account for the decrease in transmit power level of the candidate (second) antenna. Conversely, if the resulting transmit power level of a switch to the candidate (second) antenna would be greater than the transmit power level of the current (first) transmit antenna, then switching may occur with a decreased switch threshold,”; “[66], Optionally at 706, a threshold for switching the transmitter to the second antenna is determined. The threshold may be determined based on a difference in uplink power between the first antenna and the second antenna. In some cases, the determination of the threshold may include applying an uplink modifier to a nominal or default antenna switch threshold. In some cases, the threshold or uplink power modifier is determined based on a maximum transmit power level of the second antenna, nominal transmit power level of the second antenna, maximum transmit power level of the first antenna (e.g., active transmit antenna), or a nominal transmit power level of the first antenna. For example, the diversity controller may determine a difference in uplink power based on a difference in respective MTPLs for the antennas, differences in transmit efficiencies between antennas (e.g., for a given frequency band), differences in efficiencies between receive-only use of an antenna versus combined receive and transmit use of an antenna (e.g., primary transceiver use), respective path loss differences between an amplifier and an antenna, or the like”; “[68], Continuing the ongoing example, assume that a nominal antenna switch threshold for switching between the first antenna and the second antenna is 3 dB based on respective reference power receive strengths of each antenna. Based on a device state index (e.g., DSI 402) associated with a position of the phone during a voice call (e.g., phone proximate the user’s head), the diversity controller may access a lookup table (e.g., antenna switch diversity LUT 314) to determine that the second antenna located at the top of the phone has a greater amount of MTPL cutback or reduction than the first antenna located at the bottom of the phone (e.g., 4 dB greater than that of the first antenna). In this example scenario, a dynamic antenna switch threshold may be determined by adding 4 dB to the nominal antenna switch threshold of 3 dB such that the dynamic antenna switch threshold for switching from the first antenna to the second antenna is 7 dB to account for the greater cutback in transmit or uplink power of the second antenna”), wherein the “MTPL” of the “first antenna” is the claimed “first transmit power capacity” or is based thereon, since it defines or it is or it is used to determine which is the “transmit power capacity” of the “first antenna”, i.e., the “first transmit power capacity”; moreover, the “cutback” is an “MTPL cutback”, said “MTPL cutback” is “based on a first transmit power limit”. It is noted that “MTPL” stands for “Maximum Transmit Power Level”), the computing device configured to transmit signals at a first transmit power using the first antenna ([8], “For example, if a resulting transmit power level would be less than a transmit power level of a current (first) transmit antenna, then switching may occur with an increased switch threshold to account for the decrease in transmit power level of the candidate (second) antenna. Conversely, if the resulting transmit power level of a switch to the candidate (second) antenna would be greater than the transmit power level of the current (first) transmit antenna, then switching may occur with a decreased switch threshold,”), the first transmit power limited by the first transmit power limit ([66], “Optionally at 706, a threshold for switching the transmitter to the second antenna is determined. The threshold may be determined based on a difference in uplink power between the first antenna and the second antenna. In some cases, the determination of the threshold may include applying an uplink modifier to a nominal or default antenna switch threshold. In some cases, the threshold or uplink power modifier is determined based on a maximum transmit power level of the second antenna, nominal transmit power level of the second antenna, maximum transmit power level of the first antenna (e.g., active transmit antenna), or a nominal transmit power level of the first antenna. For example, the diversity controller may determine a difference in uplink power based on a difference in respective MTPLs for the antennas, differences in transmit efficiencies between antennas (e.g., for a given frequency band), differences in efficiencies between receive-only use of an antenna versus combined receive and transmit use of an antenna (e.g., primary transceiver use), respective path loss differences between an amplifier and an antenna, or the like”); ([68], “Continuing the ongoing example, assume that a nominal antenna switch threshold for switching between the first antenna and the second antenna is 3 dB based on respective reference power receive strengths of each antenna. Based on a device state index (e.g., DSI 402) associated with a position of the phone during a voice call (e.g., phone proximate the user’s head), the diversity controller may access a lookup table (e.g., antenna switch diversity LUT 314) to determine that the second antenna located at the top of the phone has a greater amount of MTPL cutback or reduction than the first antenna located at the bottom of the phone (e.g., 4 dB greater than that of the first antenna). In this example scenario, a dynamic antenna switch threshold may be determined by adding 4 dB to the nominal antenna switch threshold of 3 dB such that the dynamic antenna switch threshold for switching from the first antenna to the second antenna is 7 dB to account for the greater cutback in transmit or uplink power of the second antenna”, wherein the “MTPL” of the “first antenna” is the claimed “first transmit power capacity”’ or is based thereon, since it defines or it is or it is used to determine which is the “transmit power capacity” of the “first antenna”, i.e., the “first transmit power capacity”’; moreover, the “cutback” is an “MTPL cutback”, said “MTPL cutback” is “based on a first transmit power limit”. It is noted that “MTPL” stands for “Maximum Transmit Power Level”; hence the “the first transmit power limited by the first transmit power limit”);
determining a second transmit power capacity based on a second transmit power limit for a second antenna of the computing device ([68], “Continuing the ongoing example, assume that a nominal antenna switch threshold for switching between the first antenna and the second antenna is 3 dB based on respective reference power receive strengths of each antenna. Based on a device state index (e.g., DSI 402) associated with a position of the phone during a voice call (e.g., phone proximate the user’s head), the diversity controller may access a lookup table (e.g., antenna switch diversity LUT 314) to determine that the second antenna located at the top of the phone has a greater amount of MTPL cutback or reduction than the first antenna located at the bottom of the phone (e.g., 4 dB greater than that of the first antenna). In this example scenario, a dynamic antenna switch threshold may be determined by adding 4 dB to the nominal antenna switch threshold of 3 dB such that the dynamic antenna switch threshold for switching from the first antenna to the second antenna is 7 dB to account for the greater cutback in transmit or uplink power of the second antenna”, wherein the “MTPL” of the “first antenna” is the claimed “first transmit power capacity” or is based thereon, since it defines or it is or it is used to determine which is the “transmit power capacity” of the “first antenna”, i.e., the “first transmit power capacity”; moreover, the “cutback” is an “MTPL cutback”, said “MTPL cutback” is “based on a first transmit power limit”, It is noted that “MTPL” stands for “Maximum Transmit Power Level”), the computing device further configured to transmit signals at a second transmit power using the second antenna (“[6], … Alternately or additionally, metrics of one or both respective receive performances may be modified or augmented based on the difference in uplink power between the antennas ( e.g., a reduced transmit power of the second antenna)”; “[8], “For example, if a resulting transmit power level would be less than a transmit power level of a current (first) transmit antenna, then switching may occur with an increased switch threshold to account for the decrease in transmit power level of the candidate (second) antenna. Conversely, if the resulting transmit power level of a switch to the candidate (second) antenna would be greater than the transmit power level of the current (first) transmit antenna, then switching may occur with a decreased switch threshold,”), the second transmit power limited by the second transmit power limit ([68], “Continuing the ongoing example, assume that a nominal antenna switch threshold for switching between the first antenna and the second antenna is 3 dB based on respective reference power receive strengths of each antenna. Based on a device state index (e.g., DSI 402) associated with a position of the phone during a voice call (e.g., phone proximate the user’s head), the diversity controller may access a lookup table (e.g., antenna switch diversity LUT 314) to determine that the second antenna located at the top of the phone has a greater amount of MTPL cutback or reduction than the first antenna located at the bottom of the phone (e.g., 4 dB greater than that of the first antenna). In this example scenario, a dynamic antenna switch threshold may be determined by adding 4 dB to the nominal antenna switch threshold of 3 dB such that the dynamic antenna switch threshold for switching from the first antenna to the second antenna is 7 dB to account for the greater cutback in transmit or uplink power of the second antenna”, wherein the “MTPL” of the “second antenna” is the claimed “second transmit power capacity” or is based thereon, since it defines or it is or it is used to determine which is the “level of available transmit power” of the “second antenna”, i.e., the “second transmit power capacity”; moreover, the “cutback” is an “MTPL cutback”, said “MTPL cutback” is “based on a second transmit power limit”. It is noted that “MTPL” stands for “Maximum Transmit Power Level”, hence the “second transmit power limited by the second transmit power limit”), the second transmit power capacity determined using the second transmit power and with less dependence on the first transmit power when compared to dependence on the second transmit power (“[14], As an example, implementation of dynamic thresholds, consider a voice-capable user device (e.g., a user equipment (UE) or smart-phone) that includes at least three antennas. Here, assume that the three antennas that include a first antenna positioned near a bottom-right corner of the device, a second antenna positioned near a bottom-left corner of the device, and a third antenna positioned near a top of the device. Also assume that a transceiver of the device is coupled to the first antenna at the bottom-right of the device while the device is resting on a table, charging, and communicating data to synchronize various user applications. In the context of a voice call, a user may grasp the device around the bottom and hold the device up to his or her head to conduct the voice call using a microphone and speaker of the device. This user interaction associated with the voice call may result in a degraded connection related to the obstruction of the bottom-right antenna (for a right-handed user) and a cut back (e.g., -4 dB) to a maximum transmit power level of the top antenna due to proximity with the user’s head”; “[15], Instead of simply switching the transceiver to the antenna having a highest receive performance, aspects of antenna selection with dynamic thresholds may compensate or account for a difference in uplink power between antennas. In the present example, a diversity controller of the device may apply a modifier (e.g., +4 dB) to an antenna switch threshold for the top antenna based on the cut back value applied to (subtracted from) the maximum transmit power level of that antenna (e.g., to comply with safety regulations). Here, assume that receive performance of both top and lower-left antennas are better than that of the obstructed lower-right antenna, and the receive performance of the top antenna is 2 dB higher than a receive performance of the lower-left antenna, which does not have a power cut back applied to its maximum transmit power level ( e.g., nominal transmit power available”; “[16], Using dynamic thresholds modified based on differences in uplink power, the diversity controller of the device would compare the receive performance of the lower- right antenna with the respective receive performances of the top antenna and lower-left antenna. Assuming other communication parameters associated with the top and lower- left antenna are generally similar, the diversity controller would select to communicate with the lower-left antenna, which did not have a reduced maximum transmit power level. As such, aspects of antenna selection with dynamic thresholds may not select an antenna with the highest receive performance but instead select another antenna with lesser receive performance and a higher level of available transmit power. This is but one example of antenna selection with dynamic thresholds for user devices, others of which are described throughout the disclosure”; wherein “since the diversity controller would select to communicate with the lower-left antenna, which did not have a reduced maximum transmit power level” and “may not select an antenna with the highest receive performance but instead select another antenna with lesser receive performance and a higher level of available transmit power”, “the claimed “second transmit power capacity” determined using the second transmit power and with less dependence on the first transmit power when compared to dependence on the second transmit power”; In other words, the determination of the “maximum transmit power level” of the selected antenna or antenna to which the switching occurs, depends “less’” in the “maximum transmit power level” of the non-selected antenna, and, hence, more on the “maximum transmit power level” of the selected antenna);
comparing the first transmit power capacity and the second transmit power capacity to determine which of the first and second transmit power capacities has a lesser or greater transmit power capacity (“[4], ..The antenna switch threshold may be configured based on a difference in uplink power between the first antenna and the second antenna. Alternately or additionally, metrics of one or both respective receive performances may be modified or augmented based on the difference in uplink power between the antennas (e.g., a reduced transmit power of the second antenna). The method may also include coupling, based on the comparison, the transmitter of the device to the second antenna in response to the receive performance of the second antenna exceeding the receive performance of the first antenna by the antenna switch threshold. By so doing, the diversity controller of the device may compensate or account for a reduction in transmit power associated with the second antenna, in particular when the method includes switching, based on the comparison, the transmitter from coupling with the first antenna to coupling with the second antenna in response to the receive performance of the second antenna exceeding the receive performance of the first antenna by the antenna switch threshold. In some cases, this may prevent switching to an antenna with a lower transmission power limit, which would further degrade communication performance of the device”; wherein the “difference in uplink transmit power between the first antenna and the second antenna” means that the deice is “comparing the first transmit power capacity and the second transmit power capacity to determine which of the first and second transmit power capabilities has lesser or greater transmit power capability”; “[7], Generally, one or more aspects of the disclosed solution provide for an antenna selection with dynamic thresholds, wherein an antenna with a highest receive performance is not always selected but instead another antenna with lesser receive performance and a higher level of available transmit power is selected for wireless communication. In an exemplary embodiment, an antenna switch threshold is configured based on a difference in uplink power (i.e., the antenna switch threshold being based on or being calculated by taking into account a difference in uplink power between a current antenna (e.g., transmit antenna) and candidate antenna) which may result in the antenna switch threshold being greater (e.g., than a nominal or default value) if an uplink power (e.g., maximum uplink power limit) of a current antenna is higher than an uplink power (e.g., maximum uplink power limit) of a candidate antenna or the antenna switch threshold being less if the uplink power of the current antenna is lower than the uplink power of the candidate antenna…”; “[8], ;;; For example, if a resulting transmit power level would be less than a transmit power level of a current (first) transmit antenna, then switching may occur with an increased switch threshold to account for the decrease in transmit power level of the candidate (second) antenna. Conversely, if the resulting transmit power level of a switch to the candidate (second) antenna would be greater than the transmit power level of the current (first) transmit antenna, then switching may occur with a decreased switch threshold….”); and
responsive to the first transmit power capacity having the lesser transmit power capacity or the second transmit power capacity having the greater transmit power capacity (“[8], ;;; For example, if a resulting transmit power level would be less than a transmit power level of a current (first) transmit antenna, then switching may occur with an increased switch threshold to account for the decrease in transmit power level of the candidate (second) antenna. Conversely, if the resulting transmit power level of a switch to the candidate (second) antenna would be greater than the transmit power level of the current (first) transmit antenna, then switching may occur with a decreased switch threshold….”), switching a current or planned transmission from the first antenna to the second antenna (“[7], Generally, one or more aspects of the disclosed solution provide for an antenna selection with dynamic thresholds, wherein an antenna with a highest receive performance is not always selected but instead another antenna with lesser receive performance and a higher level of available transmit power is selected for wireless communication “; “[8], ;;; For example, if a resulting transmit power level would be less than a transmit power level of a current (first) transmit antenna, then switching may occur with an increased switch threshold to account for the decrease in transmit power level of the candidate (second) antenna. Conversely, if the resulting transmit power level of a switch to the candidate (second) antenna would be greater than the transmit power level of the current (first) transmit antenna, then switching may occur with a decreased switch threshold….”; “[13]. The present disclosure describes aspects of antenna selection with dynamic thresholds for user devices. One or more of the described aspects may be implemented to provide antenna selection with dynamic thresholds that compensate or account for differences in uplink power between multiple antennas of a device. By so doing, an antenna diversity controller (diversity controller) of a device may select an antenna that will have a highest available transmit power (or maximum uplink signal strength) after an antenna switch occurs...”; “[69] …Generally, the threshold can be configured to enable the diversity controller to select an antenna with a highest available transmit power or to avoid switching to an antenna with a lower transmit power level, which may prevent a dropped call or loss of connection when transmit power is reduced”; “[70], From operation 708, the method 700 may return to operation 702 if the receive performance of the second antenna does not exceed the receive performance of the first antenna by the dynamic antenna switch threshold. For example, if a switch to the second antenna would result in a reduction in transmit power, the diversity controller may leave the transceiver coupled to the first antenna and implement another iteration of the method 700 to compare subsequent receive performance of the second antenna or monitor and compare receive performance of another antenna ( e.g., a third antenna)”; “[72] At 710, the second antenna is coupled to the transmitter in response to the receive performance of the second antenna exceeding the receive performance of the first antenna by the threshold. Operation 710 may also include decoupling the second antenna from another receiver prior to coupling the second antenna to the transmitter. The coupling of the transmitter to the second antenna may increase an available amount of transmit power for an uplink of a wireless connection with a base station. Thus, aspects of antenna switching with dynamic thresholds may improve communication performance of a device by selecting and switching the transmitter to an antenna with a higher level of transmit power (e.g., higher MTPL and/or a more efficient antenna). In the context of the preceding example, assume instead that the receive performance of the second antenna does exceed the receive performance of the first antenna by the dynamic antenna switch threshold. In such a case, the diversity controller connects the transmitter of the phone to the second antenna based on the dynamic switch threshold, which may account or compensate for the reduction in transmit power of the second antenna to prevent a drop in transmit power and/or loss of connection”).
As to claim 2, BLACK discloses, wherein the first antenna is spaced apart from the second antenna by an antenna separation, the antenna separation configured to enable: the first transmit power capacity to be determined independently from the second transmit power, the independent determination of the first transmit power capacity effective to reduce the less dependence on the second transmit power to be no dependence on the second transmit power; and the second transmit power capacity to be determined independently from the first transmit power, the independent determination of the second transmit power capacity effective to reduce the less dependence on the first transmit power to be no dependence on the first transmit power (“[14], As an example, implementation of dynamic thresholds, consider a voice-capable user device (e.g., a user equipment (UE) or smart-phone) that includes at least three antennas. Here, assume that the three antennas that include a first antenna positioned near a bottom-right corner of the device, a second antenna positioned near a bottom-left corner of the device, and a third antenna positioned near a top of the device”; “[16], Using dynamic thresholds modified based on differences in uplink power, the diversity controller of the device would compare the receive performance of the lower- right antenna with the respective receive performances of the top antenna and lower-left antenna. Assuming other communication parameters associated with the top and lower- left antenna are generally similar, the diversity controller would select to communicate with the lower-left antenna, which did not have a reduced maximum transmit power level. As such, aspects of antenna selection with dynamic thresholds may not select an antenna with the highest receive performance but instead select another antenna with lesser receive performance and a higher level of available transmit power. This is but one example of antenna selection with dynamic thresholds for user devices, others of which are described throughout the disclosure”; wherein not having a “reduced maximum transmit power level” is or is implied the claimed “independent determination of a transmit power capability”; in case of “reduced maximum transmit power level”, a claimed “similar dependence of a transmit power capacity” is or is implied on the first transmit power compared to the dependence on the second transmit power and vice versa).
As to claim 3, BLACK discloses, wherein the switching of the current or planned transmission from the first antenna to the second antenna is responsive to a power difference between the lesser transmit power capacity and the greater transmit power capacity being greater than or equal to a trigger threshold (“[15], Instead of simply switching the transceiver to the antenna having a highest receive performance, aspects of antenna selection with dynamic thresholds may compensate or account for a difference in uplink power between antennas”; “[66], Optionally at 706, a threshold for switching the transmitter to the second antenna is determined. The threshold may be determined based on a difference in uplink power between the first antenna and the second antenna. In some cases, the determination of the threshold may include applying an uplink modifier to a nominal or default antenna switch threshold. In some cases, the threshold or uplink power modifier is determined based on a maximum transmit power level of the second antenna, nominal transmit power level of the second antenna, maximum transmit power level of the first antenna (e.g., active transmit antenna), or a nominal transmit power level of the first antenna. For example, the diversity controller may determine a difference in uplink power based on a difference in respective MTPLs for the antennas, differences in transmit efficiencies between antennas (e.g., for a given frequency band), differences in efficiencies between receive-only use of an antenna versus combined receive and transmit use of an antenna (e.g., primary transceiver use), respective path loss differences between an amplifier and an antenna, or the like””).
As to claim 4, BLACK discloses, wherein: the switching of the current or planned transmission from the first antenna to the second antenna comprises: stopping the current or planned transmission from the first antenna; and transmitting or planning transmission of signals using the second antenna; and the method further comprises: responsive to transmitting signals using the second antenna, determining that a third transmit power capacity of the first antenna is greater than a fourth transmit power capacity of the second antenna; and responsive to the determining, switching transmission from the second antenna to the first antenna ([90], From operation 912, the method 900 may return to operation 902 to perform another iteration of the method to improve or optimize a wireless connection with a base station. For example, another iteration of the method 900 may retain a current transmit antenna that has a highest available uplink power level or select a different antenna should that antenna have a higher available uplink power level than the current transmit antenna”; It is apparently that the “rerun” would embrace “switching transmission from the second antenna to the first antenna” if the transmit power capacity at the first antenna (i.e., the available uplink transmit power at the first antenna) becomes higher than the transmit power capacity at the second antenna).
As to claim 7, BLACK discloses, further comprising: receiving a first reference signal receiver power, RSRP, of the first antenna, wherein the determining of the first transmit power capacity is based on the first RSRP and the first MTPL; and receiving a second RSRP of the second antenna, wherein the determining of the second transmit power capacity is based on the second RSRP and the second MTPL ([71], “Concluding the present example, assume that the diversity controller measures an RSRP of the first antenna as -115 dBm and an RSRP of the second antenna as -110 dBm. Whereas this 5-dB difference in receive performance may normally trigger an antenna switch at the nominal static threshold, the reduced transmit power of the second antenna (e.g., 4 dB) could result in decreased communication performance or possibly a dropped voice call. In contrast to this impairment of communication performance, the diversity controller compares the respective receive performance of the first and second antennas to the dynamic antenna switch threshold of 7 dB, which accounts or compensates for the reduced transmit power of the second antenna. As the receive performance of the second antenna does not exceed the receive performance of the first antenna by the dynamic antenna switch threshold, the diversity controller leaves the transmitter of the phone coupled to the first antenna to maintain communication performance. In some cases, the first antenna the diversity controller leaves the first antenna coupled to the transmitter until a better performing antenna is available (e.g., another bottom edge or side antenna with an increased level of available transmit power”; “[72], …Thus, aspects of antenna switching with dynamic thresholds may improve communication performance of a device by selecting and switching the transmitter to an antenna with a higher level of transmit power (e.g., higher MTPL and/or a more efficient antenna)”.
As to claim 8, BLACK discloses, further comprising: detecting a decrease in the first MTPL to a third MTPL; responsive to the detected decrease: reducing the first transmit power capacity based on the third MTPL without reducing the second transmit power capacity; and reducing the first average transmit power to a first cutback power, the first cutback power limited by the third MTPL ([88], At 910, a lookup table of antenna switch thresholds is accessed. The antenna switch thresholds of the lookup table ( e.g ., antenna switch diversity LUT 314) are configured to compensate for a difference in uplink power between the multiple antennas of the device. Based on at least one of the antenna configuration, transceiver configuration, or device state index, the lookup table can be referenced to determine one or more dynamic thresholds (e.g., dynamic antenna switch thresholds 438) to use for antenna switch operations. Each of the antenna switch thresholds may be configured to account for differences in uplink power (e.g., MTPL uplink offset 428 and/or ANT MTPL cutback 424/434) between the antennas based on a respective the antenna configuration, transceiver configuration, or the device state index of the antenna. For example, the antenna switch thresholds (e.g., dynamic antenna switch thresholds 438) may be indexed to the antenna configuration, transceiver configuration, or the device state index to compensate for a reduction or increase in available transmit power (e.g, MTPL differences) of a candidate antenna to which the transceiver can be switched. Alternately or additionally, an antenna switch threshold may also compensate for an MTPL reduction of a current or active antenna of the device).
As to claim 9, BLACK discloses, further comprising: responsive to determining that the first cutback power is greater than a minimum power threshold, determining whether a first power difference is greater than a trigger threshold to perform antenna switching, the first power difference determined by comparing the reduced first transmit power capacity to the second transmit power capacity; and responsive to determining that the first power difference is greater than the trigger threshold, performing the switching by: stopping the current or planned transmission from the first antenna; and transmitting or planning transmission of signals using the second antenna ([88], At 910, a lookup table of antenna switch thresholds is accessed. The antenna switch thresholds of the lookup table (e.g., antenna switch diversity LUT 314) are configured to compensate for a difference in uplink power between the multiple antennas of the device. Based on at least one of the antenna configuration, transceiver configuration, or device state index, the lookup table can be referenced to determine one or more dynamic thresholds (e.g., dynamic antenna switch thresholds 438) to use for antenna switch operations. Each of the antenna switch thresholds may be configured to account for differences in uplink power (e.g., MTPL uplink offset 428 and/or ANT MTPL cutback 424/434) between the antennas based on a respective the antenna configuration, transceiver configuration, or the device state index of the antenna. For example, the antenna switch thresholds (e.g., dynamic antenna switch thresholds 438) may be indexed to the antenna configuration, transceiver configuration, or the device state index to compensate for a reduction or increase in available transmit power (e.g, MTPL differences) of a candidate antenna to which the transceiver can be switched. Alternately or additionally, an antenna switch threshold may also compensate for an MTPL reduction of a current or active antenna of the device).
As to claim 10, BLACK discloses, further comprising: detecting a decrease in the second MTPL to a fourth MTPL; responsive to the detected decrease: reducing the second transmit power capacity based on the fourth MTPL without reducing the first transmit power capacity; and reducing the second average transmit power to a second cutback power, the second cutback power limited by the fourth MTPL ([88], At 910, a lookup table of antenna switch thresholds is accessed. The antenna switch thresholds of the lookup table ( e.g ., antenna switch diversity LUT 314) are configured to compensate for a difference in uplink power between the multiple antennas of the device. Based on at least one of the antenna configuration, transceiver configuration, or device state index, the lookup table can be referenced to determine one or more dynamic thresholds (e.g., dynamic antenna switch thresholds 438) to use for antenna switch operations. Each of the antenna switch thresholds may be configured to account for differences in uplink power (e.g., MTPL uplink offset 428 and/or ANT MTPL cutback 424/434) between the antennas based on a respective the antenna configuration, transceiver configuration, or the device state index of the antenna. For example, the antenna switch thresholds (e.g., dynamic antenna switch thresholds 438) may be indexed to the antenna configuration, transceiver configuration, or the device state index to compensate for a reduction or increase in available transmit power (e.g, MTPL differences) of a candidate antenna to which the transceiver can be switched. Alternately or additionally, an antenna switch threshold may also compensate for an MTPL reduction of a current or active antenna of the device).
As to claim 11, BLACK discloses, further comprising: responsive to determining that the second cutback power is greater than a minimum power threshold, determining whether a second power difference is greater than a trigger threshold to perform antenna switching, the second power difference determined by comparing the reduced second transmit power capacity to the first transmit power capacity; and responsive to determining that the second power difference is greater than the trigger threshold, performing a second antenna switch by: stopping the current or planned transmission from the first antenna; and transmitting or planning transmission of signals using the second antenna ([88], At 910, a lookup table of antenna switch thresholds is accessed. The antenna switch thresholds of the lookup table ( e.g ., antenna switch diversity LUT 314) are configured to compensate for a difference in uplink power between the multiple antennas of the device. Based on at least one of the antenna configuration, transceiver configuration, or device state index, the lookup table can be referenced to determine one or more dynamic thresholds (e.g., dynamic antenna switch thresholds 438) to use for antenna switch operations. Each of the antenna switch thresholds may be configured to account for differences in uplink power (e.g., MTPL uplink offset 428 and/or ANT MTPL cutback 424/434) between the antennas based on a respective the antenna configuration, transceiver configuration, or the device state index of the antenna. For example, the antenna switch thresholds (e.g., dynamic antenna switch thresholds 438) may be indexed to the antenna configuration, transceiver configuration, or the device state index to compensate for a reduction or increase in available transmit power (e.g, MTPL differences) of a candidate antenna to which the transceiver can be switched. Alternately or additionally, an antenna switch threshold may also compensate for an MTPL reduction of a current or active antenna of the device).
As to claim 12, BLACK discloses, wherein: the first transmit power limit corresponds to a first regulatory limit for the first antenna to transmit radio-frequency signals; and the second transmit power limit corresponds to a second regulatory limit for the second antenna to transmit radio-frequency signals (“[33] By way of example, consider FIG. 4A in which Table 1 of device state index (DSI) information is illustrated at 400. In this example implementation, Table 1 includes various device state indexes, which may be associated with respective device use cases or modes of transmit power. As shown in Table 1, a device state index 402 (DSI 402) may correspond to a use case 404 (e.g., mode of operation or user proximity) and/or a corresponding transmit power mode 406 (or modifier class). In some cases, one or more of the device state indexes 402 are configured for, or mapped to, user proximity states that affect a maximum transmit power of the device, such as to comply with safety regulations for radiated power (e.g., specific absorption rate (SAR) compliance). As such, in various device states, use cases, or user proximity scenarios, transmit power of the device (e.g., transmitter or transceiver) may be reduced, backed off, or otherwise limited from a nominal transmit power level (e.g, PCL 210 or default over-the-air (OTA) transmit power) to comply with a safety regulation or requirement. In some aspects, the DSI engine 114 (or application processor 302) communicates a device state index 402 or indication of the device state index 402 to the modem 304, diversity controller 108, or the MTPL controller 112)”; “[35] In some aspects, the MTPL controller 112 of the modem 304 manages a maximum transmit power level of the transmitter 116 and/or amplifiers 310, such as to comply with safety regulations for radiated signal power. In other words, radiated power levels of a device or system, as well as safety regulations, may vary depending on modem configuration, use mode of the device, user proximity of the device, or the like. As such, the MTPL controller 112 may determine a maximum transmit or uplink power based on the modem state information 306, power control level 210 received from a base station, or a device state index provided by the DSI engine 114 or application processor 302.In some cases, the MTPL controller 112 includes or employs an MTPL lookup table 312 (MTPL LUT 312) to determine a maximum transmit power level or highest available uplink power for a transmitter”; “[38] Generally, the MTPL information 414 of Table 2 includes maximum transmit power level information for an antenna, which may be based on DSI information 410 and modem state information 412. In this example, the MTPL information 414 of Table 2 includes an MTPL cutback 424, an MTPL 426 (e.g. , resulting MTPL after cutback), and an MTPL uplink offset 428. With reference to example Table 2, assume that the transmitter 116 and amplifiers 310 associated with the modem 304 are configured to provide a default or nominal level (e.g., based on PCL 210) of transmit power of 23 dBm across all RATs and bands (e.g, to which MTPL cutbacks are applied). As shown in table 2, the MTPL 426 (e.g, an upper limit of the transmit power) can be managed (e.g, reduced or cutback) by the MTPL controller 112 based on the DSI information 410 and modem state information 412. For example, the MTPL controller 112 may constrain the MTPL to comply with safety regulations based on the real-time modem state information 412 and DSI information 410 indicative of user proximity (e.g., whether a device is positioned proximate a user’s head or body). In this way, the MTPL controller 112 can dynamically manage an MTPL 426 of the amplifiers 310 and/or the transmitter 116 of the modem 304 to maximize a transmit power level without exceeding regulatory safety limits for radiated signal strength”; “[42], By so doing, the diversity controller 108 can switch to a selected antenna to improve wireless connection performance without exceeding safety regulations, even when a significant amount of power cutback is required for compliance”.
..As to claim 13, BLACK discloses, wherein the first antenna is spaced apart from the second antenna by an antenna separation, the antenna separation configured to enable: the second transmit power capacity to be determined with similar dependence on the first transmit power when compared to dependence on the second transmit power; and the first transmit power capacity to be determined with similar dependence on the second transmit power when compared to dependence on the first transmit power (“[14], As an example, implementation of dynamic thresholds, consider a voice-capable user device (e.g., a user equipment (UE) or smart-phone) that includes at least three antennas. Here, assume that the three antennas that include a first antenna positioned near a bottom-right corner of the device, a second antenna positioned near a bottom-left corner of the device, and a third antenna positioned near a top of the device”; “[16], Using dynamic thresholds modified based on differences in uplink power, the diversity controller of the device would compare the receive performance of the lower- right antenna with the respective receive performances of the top antenna and lower-left antenna. Assuming other communication parameters associated with the top and lower- left antenna are generally similar, the diversity controller would select to communicate with the lower-left antenna, which did not have a reduced maximum transmit power level. As such, aspects of antenna selection with dynamic thresholds may not select an antenna with the highest receive performance but instead select another antenna with lesser receive performance and a higher level of available transmit power. This is but one example of antenna selection with dynamic thresholds for user devices, others of which are described throughout the disclosure”; wherein not having a “reduced maximum transmit power level” is or is implied the claimed “independent determination of a transmit power capability”; in case of “reduced maximum transmit power level”, a claimed “similar dependence of a transmit power capacity” is or is implied on the first transmit power compared to the dependence on the second transmit power and vice versa).
As to claim 14, BLACK discloses, determining a third transmit power capacity based on a third transmit power limit for a third antenna of the computing device, the computing device further configured to transmit signals at a third transmit power using the third antenna, the third transmit power limited by the third transmit power limit, the third transmit power capacity determined using the third transmit power and with less dependence on the first transmit power and the second transmit power when compared to dependence on the third transmit power; and performing antenna switching, responsive to comparing the third transmit power capacity to the first transmit power capacity or the second transmit power capacity ([90], “From operation 912, the method 900 may return to operation 902 to perform another iteration of the method to improve or optimize a wireless connection with a base station. For example, another iteration of the method 900 may retain a current transmit antenna that has a highest available uplink power level or select a different antenna should that antenna have a higher available uplink power level than the current transmit antenna”; It is apparently that the “rerun” would embrace “switching transmission from the second antenna to the first antenna” if the transmit power capacity at the first antenna (i.e., the available uplink transmit power at the first antenna) becomes higher than the transmit power capacity at the second antenna).
Claims 15-18 correspond to the device claims of the method claims 1-4; therefore, they are rejected under the same rationale as in the method claims 1-4 shown above.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 5, 6, 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over BLACK et al. WO 2021/066855 A1 as applied to claim 1 above, and in view of CAI et al. US 2020/0374818 A1.
As to claims 5, 6, BLACK does not explicitly disclose the claimed elements of “wherein: the determining of the first transmit power capacity comprises averaging the first transmit power over a duration of time; and the determining of the second transmit power capacity comprises averaging the second transmit power over the duration of time” (claim 5) and of “averaging the first transmit power limit over the duration of time to determine a first MTPL of the first antenna, wherein the determining of the first transmit power capacity is based on the first MTPL; and averaging the second transmit power limit over the duration of time to determine a second MTPL of the second antenna, wherein the determining of the second transmit power capacity is based on the second MTPL (claim 6).
CAI discloses in [41], [49] and Figure 4, step 402 that, “[41], The operations 400 may begin, at block 402, where the PDC of each antenna module may use the required effective isotopic radiated powers (EIRPs) from the previous M-1 (where M=T1/T2) T2 intervals to determine a time-averaged RF exposure model across T1 that provides available transmit power for the future time interval i. Although the actual transmission of each update interval may only be from one antenna module, the PDC may take the requested transmitted EIRP(i-1) from the previous transmission intervals i-1 and convert the EIRP(i-1) to a transmit power Ptx(n, i-1) for the antenna module n. Then, the PDC may convert the transmit power Ptx(n, i-1) to a power density PD(n, i-1), for example, based on a PD to transmit power mapping table also known as a PD Characterization Table” and “[49], Although the present disclosure describes the beam selection at the antenna module level, the techniques described herein may also apply to beam selection on an antenna array or antenna array element basis. For example, the UE may perform operations 400 to determine the maximum allowed transmit power for each antenna array or antenna array element and select the beam for uplink transmissions by selecting the antenna array or antenna array element which has the highest maximum transmit power available for the next transmission interval”.
Accordingly, it would have been obvious to one of ordinary skill in the wireless communication art before the effective filing date of the claimed to have modified CAI’s teachings of time-averaged RF exposure model with the teachings of BLACK’s, for the purpose of providing available transmit power for the future time interval I (CAI, [41])
Claims 19-20 correspond to the device claims of the method claims 5-6; therefore, they are rejected under the same rationale as in the method claims 5-6 shown above.
The prior art of records cited in this Office action are: BLACK et al. WO 2021/066855 A1; CAI et al. US 2020/0374818 A1.
Conclusion
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/HAI V NGUYEN/Primary Examiner, Art Unit 2649