DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 5-13, and 15-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The amendments made to claim 1 change the scope of the claim. One of the limitations that was amended is “detecting, by the processing system for the first uplink transmissions, a first uplink throughput for the user equipment exceeding a first uplink throughput threshold;”.
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.
Claims 1-2, 6-13, 15, 17, 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kwok et al. (US 2023/0370317) in view of Lyu et al. (US 2024/0049037).
Regarding claim 1, Kwok discloses a method comprising: receiving, by a processing system of a base station of a cellular network, first uplink transmissions from a user equipment via multiple carriers in accordance with a carrier aggregation technique ([0022], The communication can be in accordance with CA. “The access node may utilize one or more antennas to communicate with wireless devices or UEs.”); detecting, by the processing system for the first uplink transmissions ([0068], “If the wireless device moves closer to the access node 520, the SINR may be higher and a different technology maximizing throughput for the wireless device may be selected. In further embodiments, the access node 520 may also consider the application running on the wireless device when selecting one or more uplink technologies and maximizing throughput and spectral efficiency.”), a first uplink throughput for the user equipment exceeding a first uplink throughput threshold ([0070], Further, the centralized uplink technology controller of the access node 520 can evaluate at what point, e.g., threshold SINR or device location, would MIMO provide better throughput and spectral efficiency than CA and vice versa.”). Kwok does not explicitly disclose the throughput threshold. Lyu discloses transmitting, by the processing system, a first instruction to the user equipment to switch from the carrier aggregation technique to a first uplink multiple input multiple output technique ([0206], “For example, the control signaling design described above can allow system throughput and UE perceived throughput to be balanced by dynamically switching or allocating RF chains and/or Antennas between UL CA and MIMO/M-TRPs. For example, configuring a UE for UL MIMO can contribute more throughput to the whole system than configuring the UE for UL CA due to the nature of the high spectrum efficiency of UL MIMO.”), in response to the detecting of the first uplink throughput for the user equipment exceeding the first uplink throughput threshold ([0206], “By dynamically switching a given UE between UL CA and UL MIMO/M-TRPs, the UE's needs for higher perceived throughput at certain times can be balanced against the goal of generally providing higher overall system throughput by configuring the UE for UL MIMO/M-TRPs.”); and receiving, by the processing system, second uplink transmissions from the user equipment in accordance with the first uplink multiple input multiple output technique ([0049], As the T-TRP (i.e., base station) determined to switch from CA to MIMO as stated above, there can be a second UL transmission in accordance to the MIMO technique. “In some examples, ED 110a may communicate an uplink and/or downlink transmission over an interface 190a with T-TRP 170a.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combine Kwok’s disclosure of selecting between UL CA and UL MIMO and effectuating UE reconfiguration based on SINR with Lyu’s teaching of specific throughput threshold-based triggers and control signaling. The motivation would have been to dynamically balance and adjust throughput requirements (i.e., Lyu [0206]).
Regarding claim 2, Kwok further discloses the method of claim 1, further comprising: detecting, by the processing system for the second uplink transmissions ([0068], “If the wireless device moves closer to the access node 520, the SINR may be higher and a different technology maximizing throughput for the wireless device may be selected. In further embodiments, the access node 520 may also consider the application running on the wireless device when selecting one or more uplink technologies and maximizing throughput and spectral efficiency.”), at a second uplink throughput for the user equipment exceeding a second uplink throughput threshold ([0070], Further, the centralized uplink technology controller of the access node 520 can evaluate at what point, e.g., threshold SINR or device location, would MIMO provide better throughput and spectral efficiency than CA and vice versa.”) threshold. For example, received signal received power (RSRP) or SINR at the wireless device may diminish to a level such that the connection is interrupted.”). Kwok does not explicitly disclose the throughput threshold. Lyu discloses transmitting, by the processing system, a second instruction to the user equipment to switch from the first uplink multiple input multiple output technique to a second uplink multiple input multiple output technique ([0206], “For example, the control signaling design described above can allow system throughput and UE perceived throughput to be balanced by dynamically switching or allocating RF chains and/or Antennas between UL CA and MIMO/M-TRPs. For example, configuring a UE for UL MIMO can contribute more throughput to the whole system than configuring the UE for UL CA due to the nature of the high spectrum efficiency of UL MIMO.”), in response to the detecting of the second uplink throughput for the user equipment exceeding the second uplink throughput threshold ([0206], “By dynamically switching a given UE between UL CA and UL MIMO/M-TRPs, the UE's needs for higher perceived throughput at certain times can be balanced against the goal of generally providing higher overall system throughput by configuring the UE for UL MIMO/M-TRPs.”); and receiving, by the processing system, third uplink transmissions from the user equipment in accordance with the second uplink multiple input multiple output technique ([0049], As the T-TRP (i.e., base station) determined to switch from CA to MIMO as stated above, there can be a second UL transmission in accordance to the MIMO technique. “In some examples, ED 110a may communicate an uplink and/or downlink transmission over an interface 190a with T-TRP 170a.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combine Kwok’s disclosure of selecting between UL CA and UL MIMO and effectuating UE reconfiguration based on SINR with Lyu’s teaching of specific throughput threshold-based triggers and control signaling. The motivation would have been to dynamically balance and adjust throughput requirements (i.e., Lyu [0206]).
Regarding claim 6, Kwok further discloses the method of claim 2, wherein the second instruction includes an instruction to transmit with a power class of 1.5 or 2, and wherein the third uplink transmissions are in accordance with the power class of 1.5 or 2 ([0078], “The capability report may further indicate a power class of the device and whether the device is capable of switching between power class 1.5 and power class 2, for example.”).
Regarding claim 7, Kwok further discloses the method of claim 1, further comprising: detecting, by the processing system for the second uplink transmissions ([0068], “If the wireless device moves closer to the access node 520, the SINR may be higher and a different technology maximizing throughput for the wireless device may be selected. In further embodiments, the access node 520 may also consider the application running on the wireless device when selecting one or more uplink technologies and maximizing throughput and spectral efficiency.”), at a third uplink throughput for the user equipment falling below the first uplink throughput threshold ([0070], Further, the centralized uplink technology controller of the access node 520 can evaluate at what point, e.g., threshold SINR or device location, would MIMO provide better throughput and spectral efficiency than CA and vice versa.”) threshold. For example, received signal received power (RSRP) or SINR at the wireless device may diminish to a level such that the connection is interrupted.”). Kwok does not explicitly disclose the throughput threshold. Lyu discloses transmitting, by the processing system, a third instruction to the user equipment to switch from the first uplink multiple input multiple output technique to the carrier aggregation technique ([0206], “For example, the control signaling design described above can allow system throughput and UE perceived throughput to be balanced by dynamically switching or allocating RF chains and/or Antennas between UL CA and MIMO/M-TRPs. For example, configuring a UE for UL MIMO can contribute more throughput to the whole system than configuring the UE for UL CA due to the nature of the high spectrum efficiency of UL MIMO.”), in response to the detecting of the third uplink throughput for the user equipment falling below the first uplink throughput threshold ([0206], “By dynamically switching a given UE between UL CA and UL MIMO/M-TRPs, the UE's needs for higher perceived throughput at certain times can be balanced against the goal of generally providing higher overall system throughput by configuring the UE for UL MIMO/M-TRPs.”); and receiving, by the processing system, fourth uplink transmissions from the user equipment in accordance with the carrier aggregation technique ([0049], As the T-TRP (i.e., base station) determined to switch from CA to MIMO as stated above, there can be a second UL transmission in accordance to the MIMO technique. “In some examples, ED 110a may communicate an uplink and/or downlink transmission over an interface 190a with T-TRP 170a.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combine Kwok’s disclosure of selecting between UL CA and UL MIMO and effectuating UE reconfiguration based on SINR with Lyu’s teaching of specific throughput threshold-based triggers and control signaling. The motivation would have been to dynamically balance and adjust throughput requirements (i.e., Lyu [0206]).
Regarding claim 8, Kwok does not disclose the TDD for communication. Lyu discloses the method of claim 1, wherein the base station operates in accordance with a time division duplexing scheme for communication with endpoint devices ([0083], “Depending upon the frame structure and/or configuration of frames in the frame structure, frequency division duplex (FDD) and/or time-division duplex (TDD) and/or full duplex (FD) communication may be possible.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwok in view of Lyu to have the TDD for communication. The motivation would have been to dynamically balance and adjust throughput requirements (i.e., Lyu [0206]).
Regarding claim 9, Kwok further discloses the method of claim 1, wherein the base station comprises a gNodeB ([0028], “An exemplary system described herein includes at least an access node (or base station), such as an eNodeB, or gNodeB, and a plurality of end-user wireless devices.”).
Regarding claim 10, Kwok further discloses a non-transitory computer-readable medium storing instructions which, when executed by a processing system including at least one processor of a base station of cellular network, cause the processing system to perform operations, the operations comprising ([0048], "The methods, systems, devices, networks, access nodes, and equipment described herein may be implemented with, contain, or be executed by one or more computer systems and/or processing nodes. The methods described above may also be stored on a non-transitory computer readable medium."): receiving first uplink transmissions from a user equipment via multiple carriers in accordance with a carrier aggregation technique ([0022], The communication can be in accordance with CA. “The access node may utilize one or more antennas to communicate with wireless devices or UEs.”); detecting, for the first uplink transmissions ([0068], “If the wireless device moves closer to the access node 520, the SINR may be higher and a different technology maximizing throughput for the wireless device may be selected. In further embodiments, the access node 520 may also consider the application running on the wireless device when selecting one or more uplink technologies and maximizing throughput and spectral efficiency.”), a first uplink throughput for the user equipment exceeding a first uplink throughput threshold ([0070], Further, the centralized uplink technology controller of the access node 520 can evaluate at what point, e.g., threshold SINR or device location, would MIMO provide better throughput and spectral efficiency than CA and vice versa.”) threshold. For example, received signal received power (RSRP) or SINR at the wireless device may diminish to a level such that the connection is interrupted.”). Kwok does not explicitly disclose the throughput threshold. Lyu discloses transmitting a first instruction to the user equipment to switch from the carrier aggregation technique to a first uplink multiple input multiple output technique ([0206], “For example, the control signaling design described above can allow system throughput and UE perceived throughput to be balanced by dynamically switching or allocating RF chains and/or Antennas between UL CA and MIMO/M-TRPs. For example, configuring a UE for UL MIMO can contribute more throughput to the whole system than configuring the UE for UL CA due to the nature of the high spectrum efficiency of UL MIMO.”), in response to the detecting of the first uplink throughput for the user equipment exceeding the first uplink throughput threshold ([0206], “By dynamically switching a given UE between UL CA and UL MIMO/M-TRPs, the UE's needs for higher perceived throughput at certain times can be balanced against the goal of generally providing higher overall system throughput by configuring the UE for UL MIMO/M-TRPs.”); and receiving second uplink transmissions from the user equipment in accordance with the first uplink multiple input multiple output technique ([0049], As the T-TRP (i.e., base station) determined to switch from CA to MIMO as stated above, there can be a second UL transmission in accordance to the MIMO technique. “In some examples, ED 110a may communicate an uplink and/or downlink transmission over an interface 190a with T-TRP 170a.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combine Kwok’s disclosure of selecting between UL CA and UL MIMO and effectuating UE reconfiguration based on SINR with Lyu’s teaching of specific throughput threshold-based triggers and control signaling. The motivation would have been to dynamically balance and adjust throughput requirements (i.e., Lyu [0206]).
Regarding claim 11, Kwok further discloses a method comprising: receiving, by a processing system of a base station of a cellular network, first uplink transmissions from a user equipment in accordance with a first uplink multiple input multiple output technique ([0022], The communication can be in accordance with MIMO. “The access node may utilize one or more antennas to communicate with wireless devices or UEs.”); detecting, by the processing system for the first uplink transmissions ([0068], “If the wireless device moves closer to the access node 520, the SINR may be higher and a different technology maximizing throughput for the wireless device may be selected. In further embodiments, the access node 520 may also consider the application running on the wireless device when selecting one or more uplink technologies and maximizing throughput and spectral efficiency.”), a first uplink throughput for the user equipment falling below a first uplink throughput threshold ([0070], Further, the centralized uplink technology controller of the access node 520 can evaluate at what point, e.g., threshold SINR or device location, would MIMO provide better throughput and spectral efficiency than CA and vice versa.”) threshold. For example, received signal received power (RSRP) or SINR at the wireless device may diminish to a level such that the connection is interrupted.”). Kwok does not explicitly disclose the throughput threshold. Lyu discloses transmitting, by the processing system, a first instruction to the user equipment to switch from the first uplink multiple input multiple output technique to a carrier aggregation technique ([0206], “For example, the control signaling design described above can allow system throughput and UE perceived throughput to be balanced by dynamically switching or allocating RF chains and/or Antennas between UL CA and MIMO/M-TRPs. For example, configuring a UE for UL MIMO can contribute more throughput to the whole system than configuring the UE for UL CA due to the nature of the high spectrum efficiency of UL MIMO.”), in response to the detecting of the first uplink throughput for the user equipment falling below the first uplink throughput threshold ([0206], “By dynamically switching a given UE between UL CA and UL MIMO/M-TRPs, the UE's needs for higher perceived throughput at certain times can be balanced against the goal of generally providing higher overall system throughput by configuring the UE for UL MIMO/M-TRPs.”); and receiving, by the processing system, second uplink transmissions from the user equipment in accordance with the carrier aggregation technique ([0049], As the T-TRP (i.e., base station) determined to switch from CA to MIMO as stated above, there can be a second UL transmission in accordance to the MIMO technique. “In some examples, ED 110a may communicate an uplink and/or downlink transmission over an interface 190a with T-TRP 170a.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combine Kwok’s disclosure of selecting between UL CA and UL MIMO and effectuating UE reconfiguration based on SINR with Lyu’s teaching of specific throughput threshold-based triggers and control signaling. The motivation would have been to dynamically balance and adjust throughput requirements (i.e., Lyu [0206]).
Regarding claim 12, Kwok further discloses the method of claim 11, further comprising: detecting, by the processing system for the second uplink transmissions ([0068], “If the wireless device moves closer to the access node 520, the SINR may be higher and a different technology maximizing throughput for the wireless device may be selected. In further embodiments, the access node 520 may also consider the application running on the wireless device when selecting one or more uplink technologies and maximizing throughput and spectral efficiency.”), at a second uplink throughput for the user equipment falling below a second uplink throughput threshold ([0070], Further, the centralized uplink technology controller of the access node 520 can evaluate at what point, e.g., threshold SINR or device location, would MIMO provide better throughput and spectral efficiency than CA and vice versa.”) threshold. For example, received signal received power (RSRP) or SINR at the wireless device may diminish to a level such that the connection is interrupted.”); transmitting, by the processing system, a second instruction ([0070], “For example, the scheduler 315 of the access node 310 may provide instructions for switching technologies at the determined point.”) to the user equipment to switch from a cyclic prefix orthogonal frequency division multiplexing waveform to a discrete fourier transform waveform ([0069], “For example, with respect to waveform switching, a wireless device located centrally (near the access node 520) may operate more efficiently using CP-OFDM and a wireless device at the cell edge may operate more efficiently using DFT-s-OFDM.”), in response to the detecting of the second uplink throughput for the user equipment failing below the second uplink throughput threshold ([0070], “Further, the centralized uplink technology controller of the access node 520 can evaluate at what point, e.g., threshold SINR or device location, would MIMO provide better throughput and spectral efficiency than CA and vice versa. At this point, the centralized uplink technology controller of the access node 520 could instruct the wireless device to switch uplink technologies.”); and receiving, by the processing system, third uplink transmissions from the user equipment in accordance with the discrete fourier transform waveform ([0022], As the access node 520 determined to switch from CA to MIMO as stated above in [0070], there can be a second UL transmission in accordance to the MIMO technique. “The access node may utilize one or more antennas to communicate with wireless devices or UEs”).
Regarding claim 13, Kwok further discloses the method of claim 12, wherein the first uplink transmissions are in accordance with the cyclic prefix orthogonal frequency division multiplexing waveform ([0075], CP-OFDM can be used in the first UL transmission based on step 10 in FIG.5. "the instruction of step 8 may inform the wireless device 510 the wireless device 510 to utilize a specific uplink technology, such as, for example, CP-OFDM").
Regarding claim 15, Kwok further discloses the method of claim 12, wherein the second uplink throughput threshold is less than the first uplink throughput threshold ([0024], The parameters can include throughput as stated in [0072]. "When signal strength for a wireless device meets a predetermined network defined threshold, one uplink transmission mode may be enabled and another may be disabled. Further, parameters such as signal strength may be monitored on a continual basis, such that when the signal strength for the wireless device deteriorates, a different uplink transmission technology may be employed.").
Regarding claim 17, Kwok further discloses the method of claim 11, further comprising: detecting, by the processing system for the second uplink transmissions ([0068], “If the wireless device moves closer to the access node 520, the SINR may be higher and a different technology maximizing throughput for the wireless device may be selected. In further embodiments, the access node 520 may also consider the application running on the wireless device when selecting one or more uplink technologies and maximizing throughput and spectral efficiency.”), at a fourth uplink throughput for the user equipment exceeding the first uplink throughput threshold ([0070], Further, the centralized uplink technology controller of the access node 520 can evaluate at what point, e.g., threshold SINR or device location, would MIMO provide better throughput and spectral efficiency than CA and vice versa.”) threshold. For example, received signal received power (RSRP) or SINR at the wireless device may diminish to a level such that the connection is interrupted.”). Kwok does not explicitly disclose the throughput threshold. Lyu discloses transmitting, by the processing system, a fourth instruction to the user equipment to switch from the carrier aggregation technique to the first uplink multiple input multiple output technique ([0206], “For example, the control signaling design described above can allow system throughput and UE perceived throughput to be balanced by dynamically switching or allocating RF chains and/or Antennas between UL CA and MIMO/M-TRPs. For example, configuring a UE for UL MIMO can contribute more throughput to the whole system than configuring the UE for UL CA due to the nature of the high spectrum efficiency of UL MIMO.”), in response to the detecting of the fourth uplink throughput for the user equipment exceeding the first uplink throughput threshold ([0206], “By dynamically switching a given UE between UL CA and UL MIMO/M-TRPs, the UE's needs for higher perceived throughput at certain times can be balanced against the goal of generally providing higher overall system throughput by configuring the UE for UL MIMO/M-TRPs.”); and receiving, by the processing system, fifth uplink transmissions from the user equipment in- accordance with the first uplink multiple input multiple output technique ([0049], As the T-TRP (i.e., base station) determined to switch from CA to MIMO as stated above, there can be a second UL transmission in accordance to the MIMO technique. “In some examples, ED 110a may communicate an uplink and/or downlink transmission over an interface 190a with T-TRP 170a.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combine Kwok’s disclosure of selecting between UL CA and UL MIMO and effectuating UE reconfiguration based on SINR with Lyu’s teaching of specific throughput threshold-based triggers and control signaling. The motivation would have been to dynamically balance and adjust throughput requirements (i.e., Lyu [0206]).
Regarding claim 19, Kwok does not disclose the TDD for communication. Lyu discloses the method of claim 11, wherein the base station operates in accordance with a time division duplexing scheme for communication with endpoint devices ([0083], “Depending upon the frame structure and/or configuration of frames in the frame structure, frequency division duplex (FDD) and/or time-division duplex (TDD) and/or full duplex (FD) communication may be possible.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwok in view of Lyu to have the TDD for communication. The motivation would have been to dynamically balance and adjust throughput requirements (i.e., Lyu [0206]).
Regarding claim 20, Kwok further discloses the method of claim 11, wherein the base station comprises a gNodeB ([0028], “An exemplary system described herein includes at least an access node (or base station), such as an eNodeB, or gNodeB, and a plurality of end-user wireless devices.”).
Regarding claim 21, Kwok further discloses the non-transitory computer-readable medium of claim 10, wherein the operations further comprise: detecting, for the second uplink transmissions ([0068], “If the wireless device moves closer to the access node 520, the SINR may be higher and a different technology maximizing throughput for the wireless device may be selected. In further embodiments, the access node 520 may also consider the application running on the wireless device when selecting one or more uplink technologies and maximizing throughput and spectral efficiency.”), a second uplink throughput for the user equipment exceeding a second uplink throughput threshold ([0070], Further, the centralized uplink technology controller of the access node 520 can evaluate at what point, e.g., threshold SINR or device location, would MIMO provide better throughput and spectral efficiency than CA and vice versa.”) threshold. For example, received signal received power (RSRP) or SINR at the wireless device may diminish to a level such that the connection is interrupted.”). Kwok does not explicitly disclose the throughput threshold. Lyu discloses transmitting a second instruction to the user equipment to switch from the first uplink multiple input multiple output technique to a second uplink multiple input multiple output technique ([0206], “For example, the control signaling design described above can allow system throughput and UE perceived throughput to be balanced by dynamically switching or allocating RF chains and/or Antennas between UL CA and MIMO/M-TRPs. For example, configuring a UE for UL MIMO can contribute more throughput to the whole system than configuring the UE for UL CA due to the nature of the high spectrum efficiency of UL MIMO.”), in response to the detecting of the second uplink throughput for the user equipment exceeding the second uplink throughput threshold ([0206], “By dynamically switching a given UE between UL CA and UL MIMO/M-TRPs, the UE's needs for higher perceived throughput at certain times can be balanced against the goal of generally providing higher overall system throughput by configuring the UE for UL MIMO/M-TRPs.”); and receiving third uplink transmissions from the user equipment in accordance with the second uplink multiple input multiple output technique ([0049], As the T-TRP (i.e., base station) determined to switch from CA to MIMO as stated above, there can be a second UL transmission in accordance to the MIMO technique. “In some examples, ED 110a may communicate an uplink and/or downlink transmission over an interface 190a with T-TRP 170a.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combine Kwok’s disclosure of selecting between UL CA and UL MIMO and effectuating UE reconfiguration based on SINR with Lyu’s teaching of specific throughput threshold-based triggers and control signaling. The motivation would have been to dynamically balance and adjust throughput requirements (i.e., Lyu [0206]).
Claims 3, 18, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Kwok et al. (US 8. 2023/0370317) in view of Lyu et al. (US 2024/0049037) and further in view of Wang et al. (US 2019/0166603).
Regarding claim 3, Kwok in view of Lyu does not disclose the four layer MIMO. Wang discloses the method of claim 2, wherein the first uplink multiple input multiple output technique comprises a two layer uplink multiple input multiple output technique and wherein the second uplink multiple input multiple output technique comprises a four layer uplink multiple input multiple output technique ([0027], "the UE may support a 2x2 MIMO antenna configuration (e.g., two MIMO spatial layers) on the first CC by allocating two of the RF chains to the first CC and support a 4x4 MIMO antenna configuration (e.g., four MIMO spatial layers) on the second CC by allocating the remaining four RF chains to the second CC."). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwok in view of Wang to have the four layer MIMO. The motivation would have been to improve data rate or overall capacity (e.g., Wang [0034]).
Regarding claim 18, Kwok in view of Lyu does not disclose the four layer MIMO. Wang discloses the method of claim 17, wherein the first uplink multiple input multiple output technique comprises a two layer uplink multiple input multiple output technique and wherein the processing system and the UE are capable of communication via a second uplink multiple input multiple output technique, and wherein the second multiple input multiple output technique comprises a four layer uplink multiple input multiple output technique ([0027], "the UE may support a 2x2 MIMO antenna configuration (e.g., two MIMO spatial layers) on the first CC by allocating two of the RF chains to the first CC and support a 4x4 MIMO antenna configuration (e.g., four MIMO spatial layers) on the second CC by allocating the remaining four RF chains to the second CC."). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwok in view of Wang to have the four layer MIMO. The motivation would have been to improve data rate or overall capacity (e.g., Wang [0034]).
Regarding claim 22, Kwok in view of Lyu does not disclose the four layer MIMO. Wang discloses the non-transitory computer-readable medium of claim 21, wherein the first uplink multiple input multiple output technique comprises a two layer uplink multiple input multiple output technique and wherein the second uplink multiple input multiple output technique comprises a four layer uplink multiple input multiple output technique ([0027], "the UE may support a 2x2 MIMO antenna configuration (e.g., two MIMO spatial layers) on the first CC by allocating two of the RF chains to the first CC and support a 4x4 MIMO antenna configuration (e.g., four MIMO spatial layers) on the second CC by allocating the remaining four RF chains to the second CC."). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwok in view of Wang to have the four layer MIMO. The motivation would have been to improve data rate or overall capacity (e.g., Wang [0034]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kwok et al. (US 8. 2023/0370317) in view of Lyu et al. (US 2024/0049037) and further in view of Zhu et al. (US 2023/0318685).
Regarding claim 5, Kwok in view of Lyu does not disclose the second throughput threshold being greater than the first. Zhu discloses the method of claim 2, wherein the second uplink throughput threshold is greater than the first uplink throughput threshold ([0082], "while a throughput value that satisfies a second upper throughput threshold (for example, greater than the first upper throughput threshold) should cause an increase in beam level by two steps (for example, activation of two additional antenna elements)."). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwok in view of Lyu and further in view of Zhu to have the second throughput threshold being greater than the first. The motivation would have been to improve communication performance (e.g., Zhu [0088]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kwok et al. (US 10. 2023/0370317) in view of Lyu et al. (US 2024/0049037) and further in view of Doshi et al. (US 2022/0078626).
Regarding claim 16, Kwok further discloses the method of claim 12, further comprising: detecting, by the processing system for the third uplink transmissions ([0068], “If the wireless device moves closer to the access node 520, the SINR may be higher and a different technology maximizing throughput for the wireless device may be selected. In further embodiments, the access node 520 may also consider the application running on the wireless device when selecting one or more uplink technologies and maximizing throughput and spectral efficiency.”), a third uplink throughput for the user equipment falling below a third uplink throughput threshold ([0070], Further, the centralized uplink technology controller of the access node 520 can evaluate at what point, e.g., threshold SINR or device location, would MIMO provide better throughput and spectral efficiency than CA and vice versa.”) threshold. For example, received signal received power (RSRP) or SINR at the wireless device may diminish to a level such that the connection is interrupted.”). Kwok in view of Lyu does not an instruction to the UE to utilize a reduced MCS compared to the MCS of the previous transmission. Doshi discloses transmitting, by the processing system, a third instruction to the user equipment to utilize a reduced modulation coding scheme as compared to a modulation coding scheme of the second uplink transmissions, in response to the detecting of the third uplink throughput for the user equipment failing below the third uplink throughput threshold ([0040], "At the base station 110, a transmit processor 220 may receive data from a data source 212 for one or more UEs, select one or more modulation and coding schemes (MCS) for each UE based at least in part on channel quality indicators (CQIs) received from the UE, process (e.g., encode and modulate) the data for each UE based at least in part on the MCS(s) selected for the UE, and provide data symbols for all UEs. Decreasing the MCS lowers throughput but increases reliability of the transmission."); and receiving, by the processing system, fourth uplink transmissions from the user equipment in accordance with the reduced modulation coding scheme ([0042], "On the uplink, at the UE 120, a transmit processor 264 may receive and process data from a data source 262 and control information (e.g., for reports comprising RSRP, RSSI, RSRQ, CQI, and/or the like) from the controller/processor 280."). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwok in view of Doshi to have the UE to utilize a reduced MCS compared to the MCS of the previous transmission. The motivation would have been to improve reliability (e.g., Doshi [0040]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nick A Sundara whose telephone number is (571)272-6749. The examiner can normally be reached M-TH 7:30-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jae Y. Lee can be reached at (571) 270-3936. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICK ANON SUNDARA/Examiner, Art Unit 2479 /JAE Y LEE/Supervisory Patent Examiner, Art Unit 2479