Prosecution Insights
Last updated: April 19, 2026
Application No. 18/350,932

COMMUNICATION METHOD AND APPARATUS

Final Rejection §103§112
Filed
Jul 12, 2023
Examiner
CHAU, PETER P
Art Unit
2476
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
444 granted / 570 resolved
+19.9% vs TC avg
Strong +42% interview lift
Without
With
+41.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
35 currently pending
Career history
605
Total Applications
across all art units

Statute-Specific Performance

§101
6.7%
-33.3% vs TC avg
§103
42.0%
+2.0% vs TC avg
§102
4.6%
-35.4% vs TC avg
§112
40.6%
+0.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 570 resolved cases

Office Action

§103 §112
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, see section titled “Claim Objections”, with respect to claim 12 have been fully considered and are persuasive. The objection of claim 12 has been withdrawn. Applicant’s arguments, see section titled “Rejections under 35 U.S.C. § 112”, with respect to claims 7-8 have been fully considered and are persuasive. The rejection under 35 U.S.C. § 112(a) of claims 7-8 has been withdrawn. Applicant’s arguments, see section titled “Rejections under 35 U.S.C. § 112”, with respect to claims 6-10 have been fully considered and are persuasive. The rejection under 35 U.S.C. § 112(b) of claims 6-10 has been withdrawn. Applicant's arguments, see section titled “Rejections under 35 U.S.C. § 112”, with respect to claims 12-19 have been fully considered but they are not persuasive. Applicant does not appear to address the rejection of claim 12 or provide any explanation of how adding “in response to the first secondary carrier being known” resolve the 35 U.S.C. § 112(b) rejection of claim 12. Applicant's arguments, see section titled “Rejections under 35 U.S.C. § 103”, with respect to claim 1 have been fully considered but they are not persuasive. In response to Applicant’s arguments on pages 10-11 that “Tang does not reasonably teach or suggest temporary reference signals…Based on the description in Tang, one of ordinary skill in the art would understand that Tang uses SSB, not temporary reference signals, for both AGC adjustment and time-frequency synchronization…One of ordinary skill in the art would understand that SSB is a periodic signal, not a temporary signal. Tang fails to teach or suggest the use of "temporary reference signals," as recited in claim 1…Combining these references does not yield the recited claim language because neither reference, alone or in combination, teaches or suggests using a temporary reference signal for AGC adjustment. To the extent that the Office attempts to maintain the asserted ground of rejection, Applicant respectfully requests that the Office specifically identify which element of Tang is interpreted as corresponding to the recited temporary reference signal. For at least the reasons set forth above, Tang and Takeda, alone or in combination, fail to establish a prima facie case of obviousness. Accordingly, reconsideration and withdrawal of the rejection of claim 1, as being unpatentable over Tang in view of Takeda, are respectfully requested”, the Examiner respectfully disagrees. In view of broadest reasonable interpretation of a claimed temporary reference signal in claim 1, the scope of the claimed temporary reference signal includes a synchronization signal block (SSB) and so Tang’s a SSB corresponds to a temporary reference signal. Applicant asserts that one of ordinary skill in the art would understand a temporary reference signal is not a synchronization signal block (SSB). This assertion is incorrect. A quick search shows that a temporary reference is/comprises a SSB, for example, US 20230262600 at ¶ 375 discloses “a temporary reference signal (SS/PBCH blocks— SSBs, CSI-RSs, or both of SSBs and CSI-RSs)” or US 20230239126 (which is by Huawei also) at ¶ 136 discloses “A temporary RS may include a TRS, a CSI-RS, a SSB, a SRS, etc. Any reference signal(s) configured for SCell activation may be referred to as temporary RS(s). For example, a TRS, a CSI-RS, a SSB, and/or a SRS configured or triggered for SCell activation on-demand and communicated for SCell activation may be referred to as temporary RS(s)” or US 20220248329 at ¶ 345 discloses “a temporary reference signal (e.g. an SSB, a CSI-RS, a TRS)” or US 20210409975 at ¶ 8 discloses “the temporary RS is a Synchronization Signal Block (SSB)”. It is noted that the specification of the instant application at ¶ 97 of the published specification states “an existing signal may be used as the temporary reference signal. The existing reference signal has another function…Therefore, in embodiments of this application, a reference signal provided in embodiments of this application is referred to as a “temporary” reference signal, because the signal may be “temporarily” used as a reference signal in embodiments of this application” and ¶ 98 of the published specification states “It can also be learned from the foregoing descriptions that the name “temporary reference signal” is merely an example, and the name does not represent a limitation on the signal. In other words, the “temporary reference signal” may also have another name, for example, may be referred to as a “reference signal”” and ¶ 16 of the published specification states “a reference signal…includes one or more of the following: an SSB”. Thus, it appears that the specification of the instant application support that a SSB is a temporary reference signal. For the reasons presented above and the rejection shown below for claim 1, the rejection of claim 1 is maintained. In response to Applicant’s arguments on page 11 that “Claims 2-5, 11 and 20 depend from claim 1, recite additional features and distinguish over the applied references for at least the reasons set forth above with respect to claim 1 and/or for the additional features recited”, for at least the reasons presented above for claim 1 and the rejection shown below for claims 2-5, 11, and 20, the rejection of claims 2-5, 11, and 20 are maintained. In response to Applicant’s arguments on page 11 that “Claim 12 distinguishes over the applied references for reasons analogous to those set forth above with respect to claim 1. Accordingly, reconsideration and withdrawal of the rejection of claim 12, as being unpatentable over Tang in view of Takeda, are respectfully requested”, for at least the reasons presented above for claim 1 and the rejection shown below for claim 12, the rejection of claim 12 is maintained. In response to Applicant’s arguments on page 12 that “Claims 13-19 depend from claim 12, recite additional features and distinguish over the applied references for at least the reasons set forth above with respect to claim 12 and/or for the additional features recited”, for at least the reasons presented above for claims 1 and 12 and the rejection shown below for claims 13-19, the rejection of claims 13-19 are maintained. In response to Applicant’s arguments on page 12 that “the Office failed to apply Yu in a manner sufficient to cure the above noted deficiencies of Tang. Accordingly, reconsideration and withdrawal of the rejection of claims 6, 8 and 9, as being unpatentable over Tang in view of Takeda and Yu, are respectfully requested”, for at least the reasons presented above for claim 1 and the rejection shown below for claims 6 and 8-9, the rejection of claims 6 and 8-9 are maintained. Claim Objections Claim(s) 8 is/are objected to because of the following informalities: to be consistent with claim 6, change “the larger value in the third” in line 2 to “the larger value of the third”. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim(s) 10 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 10, claim 10 has been amended to now recite “a corresponding AGC adjustment” from “the AGC adjustment”. Applicant does not provide support for this amendment within the specification nor has the Examiner found support for this amendment within the specification. The closest the Examiner could find support for this amendment is in ¶ 119 and 123 of the published specification which both recite “The AGC adjustment” or ¶ 134-135 of the published specification which recite “the AGC adjustment…the AGC adjustment”. These paragraphs appear to support that the AGC adjustment refers to a previously mentioned AGC adjustment/adjustment of AGC. Claim 10’s amendments, however, has “a corresponding AGC adjustment” which is not referring to any AGC adjustment/adjustment of AGC of claims 1 and 5. 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. Claim(s) 12-19 is/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. Regarding claim 12, it is unclear how “the first secondary carrier being unknown” when multiple features in claim 12 implicitly recite that the first secondary carrier being known, such as, the activation command indicates to activate a first secondary carrier or the first secondary carrier is one of secondary carriers of a terminal device or adjust automatic gain control (AGC) of the first secondary carrier, etc. and explicitly recite that the first secondary carrier being known, such as, “the first secondary carrier being known”. Claims 13-19 fails to resolve the deficiency of claim 12 and are thus rejected under similar rationale. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-5 and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20210251040 by Tang et al. (hereinafter Tang) in view of US 20220225183 by Takeda et al. (hereinafter Takeda). Regarding claim 1, Tang teaches a communication method, comprising: receiving an activation command from a network device, wherein the activation command indicates to activate a first secondary carrier (¶ 51, base station 105 can signal an activation command to the UE 101. The activation command can be, for example, carried in a medium access control (MAC) control element (CE), a downlink control information (DCI), or the like. The activation command may specify one or more SCell indices corresponding to a set of SCells to be activated), and the first secondary carrier is one of secondary carriers of a terminal device (¶ 48, multiple cells 110 and 120a-120n can be configured between the UE 101 and the base station 105; ¶ 50, one or more secondary cells (SCells) 120a-120n); wherein a temporary reference signal is usable for adjusting the AGC of the first secondary carrier (¶ 136, wait for one or more SSB on the SCell 120a to perform AGC adjustment; ¶ 113, RF module adjustment (e.g.,…AGC settling) for the two SCells 120n and 120a can be performed; ¶ 127, AGC gain is adjusted for both the SCells 120n and 120a; ¶ 141, AGC tuning can be done for the SCells 120n and 120a at the same time); receiving a first temporary reference signal from the first secondary carrier (¶ 136, UE 101 can wait for one or more SSB on the SCell 120a to perform AGC adjustment, and wait for another SSB to perform a time/frequency synchronization (cell detection); ¶ 31, an SSB of the first SCell; ¶ 59, UE 101 can use a different reception (Rx) beam to receive the different SSB burst set; ¶ 89, UE 101…perform reception of the SSB…The Rx beam used by the UE 101 for reception of the SSB; ¶ 91, UE 101 can process a received signal of the SSB); and performing time-frequency synchronization with the first secondary carrier based on the first temporary reference signal (¶ 136, UE 101…wait for another SSB to perform a time/frequency synchronization (cell detection); ¶ 115, cell search (cell detection); ¶ 32, cell search over the first and second SCells; ¶ 31, performing a cell search on the first SCell; ¶ 52, time-frequency synchronization on the SCell; ¶ 58, Synchronization signal blocks (SSBs) can be transmitted for purpose of time-frequency synchronization; ¶ 62, the time-frequency synchronization operation can be performed based on this SSB, and a Rx beam corresponding to this SSB can be used for the time-frequency synchronization). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tang’s teachings with Tang’s one or more other embodiments’ teachings. The motivation is increasing a data rate for a UE (Tang ¶ 55). Although Tang teaches in response to the first secondary carrier being known (abstract, first SCell is a known SCell; ¶ 72, SCell 120a is known to the UE 101), determining whether to adjust automatic gain control (AGC) of the first secondary carrier (¶ 127, AGC gain is adjusted for both the SCells 120n and 120a; ¶ 52, automatic gain control (AGC) tuning…on the SCell; ¶ 113, RF module adjustment (e.g.,…AGC settling) for the two SCells 120n and 120a can be performed; ¶ 136, UE 101 can wait for one or more SSB on the SCell 120a to perform AGC adjustment), and the terminal device, Tang does not explicitly disclose in response to the first secondary carrier being known, determining, based on a measurement cycle (MC) of the terminal device for the first secondary carrier, whether to adjust automatic gain control (AGC) of the first secondary carrier. Takeda in the same or similar field of endeavor teaches in response to a secondary carrier being known, determining, based on a measurement cycle (MC) of a terminal device for the secondary carrier, whether to adjust automatic gain control (AGC) of the secondary carrier (¶ 77, when the SCell is known to the UE and the SCell measurement cycle is greater than 160 ms, the UE may perform…the AGC setting to activate the SCell. That is, if the SCell is known to the UE and the SCell measurement cycle is greater than 160 ms, the UE may use two (2) SSBs to perform…the AGC setting to activate the SCell). By modifying Tang’s teachings of in response to the first secondary carrier being known, determining whether to adjust automatic gain control (AGC) of the first secondary carrier, and the terminal device with Takeda’s teachings of in response to a secondary carrier being known, determining, based on a measurement cycle (MC) of a terminal device for the secondary carrier, whether to adjust automatic gain control (AGC) of the secondary carrier, the modification results in in response to the first secondary carrier being known, determining, based on a measurement cycle (MC) of the terminal device for the first secondary carrier, whether to adjust automatic gain control (AGC) of the first secondary carrier. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tang’s teachings with Takeda’s above teachings. The motivation is providing a fast secondary cell (SCell) activation using temporary reference signal (RS) (Takeda ¶ 2). Known work in one field of endeavor (Takeda prior art) may prompt variations of it for use in either the same field or a different one (Tang prior art) based on design incentives (a fast secondary cell (SCell) activation using temporary reference signal (RS)) or other market forces if the variations are predictable to one or ordinary skill in the art. Regarding claim 2, the combination teaches the method according to claim 1, wherein the determining, based on a measurement cycle of the terminal device for the first secondary carrier, whether to adjust AGC of the first secondary carrier comprises: skipping adjusting the AGC of the first secondary carrier in response to the measurement cycle of the terminal device for the first secondary carrier being less than or equal to a first measurement cycle (Tang ¶ 72, SCell 120a is known to the UE 101; Takeda ¶ 84, when the SCell 410 is known to the UE and the SCell measurement cycle is less than or equal to 160 ms, the UE may perform the fine time/frequency tracking to activate the SCell 410. That is, if the SCell 410 is known to the UE and the SCell measurement cycle is less than or equal to 160 ms, the UE may use one (1) RS including the temporary RS to perform the fine time/frequency tracking to activate the SCell 41; ¶ 90, when the SCell 510 is known to the UE and the SCell measurement cycle is less than or equal to 160 ms, the UE may perform the fine time/frequency tracking to activate the SCell 510. That is, if the SCell 510 is known to the UE and the SCell measurement cycle is less than or equal to 160 ms, the UE may use one (1) temporary RS to perform the fine time/frequency tracking to activate the SCell 510; ¶ 77, when the SCell is known to the UE and the SCell measurement cycle is greater than 160 ms, the UE may perform…the AGC setting to activate the SCell. That is, if the SCell is known to the UE and the SCell measurement cycle is greater than 160 ms, the UE may use two (2) SSBs to perform…the AGC setting to activate the SCell. As shown in ¶ 84 and 90, at least when the SCell measurement cycle is less than or equal to 160 ms, there isn’t any AGC setting (skipping adjusting of AGC) and as shown in ¶ 77, at least when the SCell measurement cycle is greater than 160 ms, there is AGC setting). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Takeda’s teachings of skipping adjusting AGC of a secondary carrier in response to a measurement cycle of a terminal device for the secondary carrier being less than or equal to a first measurement cycle. The motivation is providing a fast secondary cell (SCell) activation using temporary reference signal (RS) (Takeda ¶ 2). Regarding claim 3, the combination the method according to claim 2, wherein activation duration of the first secondary carrier is obtained based on a first duration, and the first duration is a duration in which the terminal device waits for and obtains a first complete temporary reference signal burst from the first secondary carrier (Tang fig. 3, shows TACTIVATION_TIME is obtained based on at least multiple durations including a fine-time frequency tracking duration 323; ¶ 89, In the process 323, the UE 101 may wait for arrival of a first complete SSB, and perform reception of the SSB; ¶ 52, SCell activation delay; ¶ 10, T.sub.activation_time denotes an activation delay; ¶ 136, UE 101 can wait for one or more SSB on the SCell 120a to perform AGC adjustment, and wait for another SSB to perform a time/frequency synchronization (cell detection); ¶ 31, an SSB of the first SCell; ¶ 59, UE 101 can use a different reception (Rx) beam to receive the different SSB burst set; ¶ 89, UE 101…perform reception of the SSB…The Rx beam used by the UE 101 for reception of the SSB; ¶ 91, UE 101 can process a received signal of the SSB). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Tang’s one or more other embodiments’ teachings. The motivation is increasing a data rate for a UE (Tang ¶ 55). Regarding claim 4, the combination teaches the method according to claim 3. Although the combination teaches the activation duration of the first secondary carrier satisfies the following relationship: T.sub.activation_time=T.sub.first_TempRS, wherein T.sub.activation_time represents the activation duration of the first secondary carrier, and T.sub.first_TempRS represents the first duration (Tang fig. 3, shows TACTIVATION_TIME is obtained based on at least multiple durations including a fine-time frequency tracking duration 323; ¶ 89, In the process 323, the UE 101 may wait for arrival of a first complete SSB, and perform reception of the SSB; ¶ 52, SCell activation delay; ¶ 10, T.sub.activation_time denotes an activation delay; ¶ 136, UE 101 can wait for one or more SSB on the SCell 120a to perform AGC adjustment, and wait for another SSB to perform a time/frequency synchronization (cell detection); ¶ 31, an SSB of the first SCell; ¶ 59, UE 101 can use a different reception (Rx) beam to receive the different SSB burst set; ¶ 89, UE 101…perform reception of the SSB…The Rx beam used by the UE 101 for reception of the SSB; ¶ 91, UE 101 can process a received signal of the SSB), the combination does not explicitly disclose the activation duration of the first secondary carrier satisfies the following relationship: T.sub.activation_time=T.sub.first_TempRS+5. Takeda in the same or similar field of endeavor teaches the concept of T.sub.activation_time= a duration + 5 (¶ 76, T.sub.activation_time may be T.sub.FirstSSB+5 ms). By modifying the combination’s teachings of the activation duration of the first secondary carrier satisfies the following relationship: T.sub.activation_time=T.sub.first_TempRS with Takeda’s teachings the concept of T.sub.activation_time= a duration + 5, the modification results in the activation duration of the first secondary carrier satisfies the following relationship: T.sub.activation_time=T.sub.first_TempRS+5. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Takeda’s above teachings. The motivation is providing a fast secondary cell (SCell) activation using temporary reference signal (RS) (Takeda ¶ 2). Regarding claim 5, the combination teaches the method according to claim 1, wherein the determining, based on a measurement cycle of the terminal device for the first secondary carrier, whether to adjust AGC of the first secondary carrier comprises: receiving a second temporary reference signal from the first secondary carrier in response to the measurement cycle of the terminal device for the first secondary carrier being greater than a first measurement cycle; and adjusting the AGC of the first secondary carrier based on the second temporary reference signal (Takeda ¶ 77, if the SCell is known to the UE and the SCell measurement cycle is greater than 160 ms, the UE may use two (2) SSBs to perform the fine time/frequency tracking and the AGC setting to activate the SCell; ¶ 73, UE may receive a synchronization signal block (SSB) from the deactivated SCell; ¶ 180, reference to an element in the singular is not intended to mean “one and only one” unless specifically so stated, but rather “one or more.”; Tang abstract, first SCell is a known SCell; ¶ 72, SCell 120a is known to the UE 101; ¶ 127, AGC gain is adjusted for both the SCells 120n and 120a; ¶ 52, automatic gain control (AGC) tuning…on the SCell; ¶ 113, RF module adjustment (e.g.,…AGC settling) for the two SCells 120n and 120a can be performed; ¶ 136, UE 101 can wait for one or more SSB on the SCell 120a to perform AGC adjustment). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Takeda’s teachings of receiving a second temporary reference signal from a secondary carrier in response to a measurement cycle of a terminal device for the secondary carrier being greater than a first measurement cycle; and adjusting AGC of the secondary carrier based on the second temporary reference signal. The motivation is providing a fast secondary cell (SCell) activation using temporary reference signal (RS) (Takeda ¶ 2). Regarding claim 11, the combination teaches the method according to claim 1, wherein the first secondary carrier belongs to a first frequency range (Tang abstract, first and second SCells operate in the same band that is a frequency range 2 (FR2) band). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Tang’s one or more other embodiments’ teachings. The motivation is increasing a data rate for a UE (Tang ¶ 55). Regarding claim 20, Tang teaches a communication apparatus (fig. 11, apparatus 1100), comprising: a processor (fig. 11, processing circuitry 1110); and a memory (fig. 11, memory 1120), wherein the memory is configured to store computer-executable instructions (¶ 151, the memory 1120 can be configured to store program instructions); and the processor is configured to execute the computer-executable instructions to enable the communication apparatus to perform (¶ 151, The processing circuitry 1110, when executing the program instructions, can perform the functions and processes; ¶ 150, the processing circuitry 1110 can include circuitry configured to perform the functions and processes described herein in combination with software) the method according to claim 1 (see rejection of claim 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Tang’s one or more other embodiments’ teachings. The motivation is increasing a data rate for a UE (Tang ¶ 55). Regarding claim 12, Tang teaches a communication method, comprising: receiving an activation command from a network device, wherein the activation command indicates to activate a first secondary carrier (¶ 51, base station 105 can signal an activation command to the UE 101. The activation command can be, for example, carried in a medium access control (MAC) control element (CE), a downlink control information (DCI), or the like. The activation command may specify one or more SCell indices corresponding to a set of SCells to be activated), and the first secondary carrier is one of secondary carriers of a terminal device (¶ 48, multiple cells 110 and 120a-120n can be configured between the UE 101 and the base station 105; ¶ 50, one or more secondary cells (SCells) 120a-120n); receiving a first temporary reference signal from the first secondary carrier, in response to the first secondary carrier being known (¶ 136, UE 101 can wait for one or more SSB on the SCell 120a to perform AGC adjustment, and wait for another SSB to perform a time/frequency synchronization (cell detection); ¶ 31, an SSB of the first SCell; abstract, first SCell is a known SCell; ¶ 59, UE 101 can use a different reception (Rx) beam to receive the different SSB burst set; ¶ 89, UE 101…perform reception of the SSB…The Rx beam used by the UE 101 for reception of the SSB; ¶ 91, UE 101 can process a received signal of the SSB); and performing time-frequency synchronization with the first secondary carrier based on the first temporary reference signal (¶ 136, UE 101…wait for another SSB to perform a time/frequency synchronization (cell detection); ¶ 115, cell search (cell detection); ¶ 32, cell search over the first and second SCells; ¶ 31, performing a cell search on the first SCell; ¶ 52, time-frequency synchronization on the SCell; ¶ 58, Synchronization signal blocks (SSBs) can be transmitted for purpose of time-frequency synchronization; ¶ 62, the time-frequency synchronization operation can be performed based on this SSB, and a Rx beam corresponding to this SSB can be used for the time-frequency synchronization). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tang’s teachings with Tang’s one or more other embodiments’ teachings. The motivation is increasing a data rate for a UE (Tang ¶ 55). Although Tang teaches in response to the first secondary carrier being unknown (¶ 76, SCell 120a operating on FR2 is said to be unknown to the UE 101), the network device, and a manner of adjusting the AGC of the first secondary carrier (¶ 127, AGC gain is adjusted for both the SCells 120n and 120a; ¶ 52, automatic gain control (AGC) tuning…on the SCell; ¶ 113, RF module adjustment (e.g.,…AGC settling) for the two SCells 120n and 120a can be performed; ¶ 136, UE 101 can wait for one or more SSB on the SCell 120a to perform AGC adjustment), Tang does not explicitly disclose in response to the first secondary carrier being unknown, determining, based on a carrier aggregation manner of the terminal device, whether to adjust automatic gain control (AGC) of the first secondary carrier; or in response to the first secondary carrier being unknown, receiving first indication information from the network device, wherein the first indication information indicates not to adjust the AGC of the first secondary carrier, or indicates a manner of adjusting the AGC of the first secondary carrier. Takeda in the same or similar field of endeavor teaches in response to a secondary carrier being unknown, receiving first indication information from a network device, wherein the first indication information indicates a manner of adjusting an AGC of the secondary carrier (¶ 73, UE may receive an SCell activation command or indication from the one or more active serving cells, and upon receiving the SCell activation indication, the UE may…activate the deactivated SCell. To activate the deactivated SCell, the UE may perform at least one procedure including…an automatic gain control (AGC) setting to activate the SCell; ¶ 78, when the SCell is unknown to the UE the UE may perform…the AGC setting…to activate the SCell. That is, if the SCell is unknown to the UE, the UE may use four (4) SSBs to perform the fine time/frequency tracking, the AGC setting…to activate the SCell. As described in ¶ 73 and 78, SCell activation command or indication implicitly indicates to perform AGC setting in a way/manner). By modifying Tang’s teachings of in response to the first secondary carrier being unknown, the network device, and a manner of adjusting the AGC of the first secondary carrier with Takeda’s teachings of in response to a secondary carrier being unknown, receiving first indication information from a network device, wherein the first indication information indicates a manner of adjusting an AGC of the secondary carrier, the modification results in in response to the first secondary carrier being unknown, determining, based on a carrier aggregation manner of the terminal device, whether to adjust automatic gain control (AGC) of the first secondary carrier; or in response to the first secondary carrier being unknown, receiving first indication information from the network device, wherein the first indication information indicates not to adjust the AGC of the first secondary carrier, or indicates a manner of adjusting the AGC of the first secondary carrier. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tang’s teachings with Takeda’s above teachings. The motivation is providing a fast secondary cell (SCell) activation using temporary reference signal (RS) (Takeda ¶ 2). Known work in one field of endeavor (Takeda prior art) may prompt variations of it for use in either the same field or a different one (Tang prior art) based on design incentives (a fast secondary cell (SCell) activation using temporary reference signal (RS)) or other market forces if the variations are predictable to one or ordinary skill in the art. Regarding claim 13, the combination teaches the method according to claim 12, wherein the determining, based on a carrier aggregation manner of the terminal device, whether to adjust the AGC of the first secondary carrier comprises: skipping adjusting the AGC of the first secondary carrier in response to: the carrier aggregation manner of the terminal device being intra-band carrier aggregation, and a difference between transmit power of the first secondary carrier and transmit power of an activated carrier of the terminal device being less than or equal to a first threshold (given non-patentable weight since this claim further limits a non-chosen alternative of claim 12). Regarding claim 14, the combination teaches the method according to claim 12, wherein the determining, based on a carrier aggregation manner of the terminal device, whether to adjust the AGC of the first secondary carrier comprises: receiving a second temporary reference signal from the first secondary carrier, and adjusting the AGC of the first secondary carrier based on the second temporary reference signal in response to: the carrier aggregation manner of the terminal device being intra-band carrier aggregation, a difference between transmit power of the first secondary carrier and transmit power of an activated carrier of the terminal device being greater than a first threshold, and carriers of the terminal device that participate in aggregation being contiguous carriers; or receiving a second temporary reference signal from the first secondary carrier, and adjusting the AGC of the first secondary carrier based on the second temporary reference signal in response to: the carrier aggregation manner of the terminal device being intra-band carrier aggregation, and carriers of the terminal device that participate in aggregation being contiguous carriers (given non-patentable weight since this claim further limits a non-chosen alternative of claim 12). Regarding claim 15, the combination teaches the method according to claim 12, wherein the determining, based on a carrier aggregation manner of the terminal device, whether to adjust the AGC of the first secondary carrier comprises: receiving an SSB from the first secondary carrier, and adjusting the AGC of the first secondary carrier based on the SSB in response to: the carrier aggregation manner of the terminal device being intra-band carrier aggregation, a difference between transmit power of the first secondary carrier and transmit power of an activated carrier of the terminal device being greater than a first threshold, and carriers of the terminal device that participate in aggregation being non-contiguous carriers; or receiving an SSB from the first secondary carrier, and adjusting the AGC of the first secondary carrier based on the SSB in response to: the carrier aggregation manner of the terminal device being intra-band carrier aggregation, and carriers of the terminal device that participate in aggregation being non-contiguous carriers (given non-patentable weight since this claim further limits a non-chosen alternative of claim 12). Regarding claim 16, the combination teaches the method according to claim 12, wherein the determining, based on a carrier aggregation manner of the terminal device, whether to adjust the AGC of the first secondary carrier comprises: receiving an SSB from the first secondary carrier in response to: the carrier aggregation manner of the terminal device being intra-band carrier aggregation, a difference between transmit power of the first secondary carrier and transmit power of an activated carrier of the terminal device being greater than a first threshold, and a timing difference between the first secondary carrier and the activated carrier of the terminal device being greater than CP duration; and adjusting the AGC of the first secondary carrier based on the SSB (given non-patentable weight since this claim further limits a non-chosen alternative of claim 12). Regarding claim 17, the combination teaches the method according to claim 12, wherein the determining, based on a carrier aggregation manner of the terminal device, whether to adjust the AGC of the first secondary carrier comprises: in response to the carrier aggregation manner of the terminal device being inter-band carrier aggregation, receiving an SSB from the first secondary carrier; and adjusting the AGC of the first secondary carrier based on the SSB (given non-patentable weight since this claim further limits a non-chosen alternative of claim 12). Regarding claim 18, the combination teaches the method according to claim 12, wherein the determining, based on a carrier aggregation manner of the terminal device, whether to adjust the AGC of the first secondary carrier comprises: receiving an SSB from the first secondary carrier in response to: the carrier aggregation manner of the terminal device being inter-band carrier aggregation, a difference between transmit power of the first secondary carrier and transmit power of an activated carrier of the terminal device being greater than a first threshold, and a timing difference between the first secondary carrier and the activated carrier of the terminal device being greater than CP duration; and adjusting the AGC of the first secondary carrier based on the SSB (given non-patentable weight since this claim further limits a non-chosen alternative of claim 12). Regarding claim 19, the combination teaches the method according to claim 12, wherein the first secondary carrier belongs to a first frequency range (Tang abstract, first and second SCells operate in the same band that is a frequency range 2 (FR2) band). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Tang’s one or more other embodiments’ teachings. The motivation is increasing a data rate for a UE (Tang ¶ 55).. Claim(s) 6 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tang and Takeda and in further view of US 20220095127 by Tang et al. (hereinafter Yu). Regarding claim 6, the combination teaches the method according to claim 5, wherein activation duration of the first secondary carrier is obtained based on a second duration; and the second duration is a duration in which the terminal device waits for and obtains a first complete temporary reference signal burst from the first secondary carrier (Tang fig. 3, shows TACTIVATION_TIME is obtained based on at least multiple durations including a fine-time frequency tracking duration 323; ¶ 89, In the process 323, the UE 101 may wait for arrival of a first complete SSB, and perform reception of the SSB; ¶ 52, SCell activation delay; ¶ 10, T.sub.activation_time denotes an activation delay; ¶ 136, UE 101 can wait for one or more SSB on the SCell 120a to perform AGC adjustment, and wait for another SSB to perform a time/frequency synchronization (cell detection); ¶ 31, an SSB of the first SCell; ¶ 59, UE 101 can use a different reception (Rx) beam to receive the different SSB burst set; ¶ 89, UE 101…perform reception of the SSB…The Rx beam used by the UE 101 for reception of the SSB; ¶ 91, UE 101 can process a received signal of the SSB). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Tang’s one or more other embodiments’ teachings. The motivation is increasing a data rate for a UE (Tang ¶ 55). Although the combination teaches activation duration of the first secondary carrier is obtained based on a second duration; and the second duration is a duration in which the terminal device waits for and obtains a first complete temporary reference signal burst from the first secondary carrier, the combination does not explicitly disclose in response to a carrier aggregation manner of the terminal device being intra-band carrier aggregation, activation duration of the first secondary carrier is obtained based on a second duration; and the second duration is a duration in which the terminal device waits for and obtains a first complete temporary reference signal burst from the first secondary carrier, or the second duration is a larger value of a third duration and a fourth duration, wherein the third duration is duration in which the terminal device waits for and obtains a first complete temporary reference signal burst from the first secondary carrier, the fourth duration is duration in which the terminal device waits for and obtains a first complete reference signal burst from a second carrier, and the second carrier comprises an activated carrier of the terminal device. Yu in the same or similar field of endeavor teaches in response in response to a carrier aggregation manner of a terminal device being intra-band carrier aggregation, activation duration is obtained (¶ 33, CA of HF carriers or cells in a same frequency band of the FR2 can be referred to as intra-band CA; ¶ 41, SCell 171(2) is configured with a HF carrier; ¶ 23, Carrier aggregation (CA) of carriers or cells (e.g., cells 171(1)-171(2)); ¶ 11, activating the SCell in a FR2; ¶ 119, a SCell (or target SCell) to be activated…is in the FR2…The target SCell is configured for an electronic device (e.g., an UE). An activation time (e.g., a Tactivation_time) can be determined as follows; ¶ 28, electronic device…are configured to deploy CA; ¶ 31, In CA…SCell(s) (e.g., the SCell 171(2), the SCell 181(2)) can be configured for the electronic device 110… In an example, a large amount of data is to be delivered to the electronic device 110, one or more of the SCell(s) can be activated, for example, using a SCell activation procedure to increase the throughput). By modifying the combination’s teachings of duration of the first secondary carrier is obtained based on a second duration; and the second duration is a duration in which the terminal device waits for and obtains a first complete temporary reference signal burst from the first secondary carrier with Yu’s teachings of in response in response to a carrier aggregation manner of a terminal device being intra-band carrier aggregation, activation duration is obtained, the modification results in in response to a carrier aggregation manner of the terminal device being intra-band carrier aggregation, activation duration of the first secondary carrier is obtained based on a second duration; and the second duration is a duration in which the terminal device waits for and obtains a first complete temporary reference signal burst from the first secondary carrier, or the second duration is a larger value of a third duration and a fourth duration, wherein the third duration is duration in which the terminal device waits for and obtains a first complete temporary reference signal burst from the first secondary carrier, the fourth duration is duration in which the terminal device waits for and obtains a first complete reference signal burst from a second carrier, and the second carrier comprises an activated carrier of the terminal device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Yu’s above teachings. The motivation is increasing throughput (Yu ¶ 31). Known work in one field of endeavor (Yu prior art) may prompt variations of it for use in either the same field or a different one (Tang prior art) based on design incentives (increasing throughput) or other market forces if the variations are predictable to one or ordinary skill in the art. Regarding claim 8, the combination teaches the method according to claim 6, wherein in response to the second duration being the larger value in the third duration and the fourth duration, the activation duration of the first secondary carrier satisfies the following relationship: T.sub.activation_time=T.sub.first_TempRS+5, wherein T.sub.activation_time represents the activation duration of the first secondary carrier, T.sub.first_TempRS represents the third duration, T.sub.first_RS represents the fourth duration, max{x, y} represents a larger value of x and y, and T.sub.TempRS represents a duration in which the terminal device waits for and obtains one complete temporary reference signal burst from the first secondary carrier (given non-patentable weight since this claim further limits a non-chosen alternative of claim 6). Regarding claim 9, the combination teaches the method according to claim 6, wherein a reference signal from the second carrier comprises one or more of: a synchronization signal block (SSB), a channel state information reference signal (CSI-RS), or a temporary reference signal (given non-patentable weight since this claim further limits a non-chosen alternative of claim 6). Allowable Subject Matter Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim(s) 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. 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 PETER P CHAU whose telephone number is (571)270-7152. The examiner can normally be reached 9:30 A.M - 6 P.M. ET M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PETER P CHAU/Primary Examiner, Art Unit 2476
Read full office action

Prosecution Timeline

Jul 12, 2023
Application Filed
Oct 02, 2025
Non-Final Rejection — §103, §112
Jan 02, 2026
Response Filed
Feb 13, 2026
Final Rejection — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604352
Link Availability and Status Indication for Multi-Link Operation in WLAN
2y 5m to grant Granted Apr 14, 2026
Patent 12593223
RESOURCE OPTIMIZATION FOR VOICE AND DATA SERVICES
2y 5m to grant Granted Mar 31, 2026
Patent 12587887
MEASUREMENT AND REPORTING FOR UE-TO-UE INTERFERENCE
2y 5m to grant Granted Mar 24, 2026
Patent 12581332
CHANNEL STATUS REPORT BASED ON SOUNDING REFERENCE SIGNAL RESOURCE USAGE IN FULL DUPLEX
2y 5m to grant Granted Mar 17, 2026
Patent 12556905
USER EQUIPMENT CAPABILITY INDICATION FOR UPLINK TRANSMISSION CONFIGURATION INDICATION STATE AND SPATIAL RELATION INFORMATION
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+41.7%)
3y 2m
Median Time to Grant
Moderate
PTA Risk
Based on 570 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month