DETAILED ACTION
This Office Action is in response to the Request for Continued Examination (RCE) filed 12/18/2025.
Status of the claims”
Claims 1-30 were pending prior to the office Action,
Claims 1-30 remain pending The detail office action to the pending claims is as shown below.
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 Continued Examination (RCE)
Receipt is acknowledged of a request for continued examination under 37 CFR 1.114, including a submission, filed on 12/18/2025. Since the submission appears to be a bona fide attempt to provide a complete reply to the previous Office Action by the Applicant, finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114 and the submission filed on 12/18/2025 has been entered.
Response to Amendment
Receipt is acknowledged of Applicants’ request for entry of the Amendment filed December 18, 2025. By this amendment, claims 1, 3, 4, 13, 15, 16, 25, 27, 28 and 30 have amended. Upon entry of the amendment pending claims 1-30 will be fully examined for patentability.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-30 are rejected under 35 U.S.C. 103 as being unpatentable over US2021/0314062 to Kakishima et al. (“Kakishima”) in in view of WO2020206472 to Cheng et al. (“Cheng”) (The remarks and/or references put in the parentheses apply to the prior art)
RE currently amended claims 1 and 25, Kakishima discloses an apparatus and a method for wireless communications at a user equipment (UE) (e.g. user terminal 20 of Fig. 6 and the corresponding paragraph/s), comprising: one or more memories (e.g. one or more memories 1002 of Fig. 8) comprising instructions (e.g. Kakishima Paras [0190], [0192]: comprising programs (program codes)); and one or more processors configured, individually or in any combination, to execute the instructions and cause the apparatus to (e.g. Kakishima, Fig. 8, Paras [0190]-[0192]: one or more processors configured to execute the programs (program codes)): transmit signaling indicating capability information to a network entity, wherein the capability information comprises at least antenna information corresponding to one or more antenna arrays of the UE (e.g. Kakishima, Figs. 2, 4, 6, Paras [0060], [0063], [0064], [0137], [0232]: the UE may report information about the number of spherical coverage beams to the base station, wherein the information is transmitted as UE capability information. The UE capability information indicates the number of resources required for the UE to achieve spherical coverage transmission. Each transmitting/receiving antennas (e.g. Figs. 4, 6) can be represented (constituted) by antenna arrays and terms such as “beams”, “resources”, “resource sets” as used in the present disclosure may be used interchangeably as antennas, antenna ports, antenna port groups, in other word as antenna information); and receive an indication from the network entity of a dynamically modified performance objective for beamforming that is different from a standard performance objective indicating a first number of reference signals (RSs) required to achieve preferred performances at different percentile level of a sphere around the UE (e.g. Kakishima, Fig. 3, Paras [0070], [0089]-[0090], [0092]-[0096], [0101], [0183]: the UE receives (from the base station) configuration information including a resource set of reference signals corresponding to the spherical coverage beams that the UE is instructed to transmit, wherein the spherical coverages are determined based on values of EIRP and/or EIS measured at different percentile level of a sphere around the UE (e.g. at the 50% percentile (median value) and based on a difference between the lower limit of the EIRP/EIS value at the 5% of the mean or median value)); wherein the dynamically modified performance objective specifies a second number of RSs, determined based on the antenna information, that are required to achieve the preferred performances at the percentile levels of the sphere (e.g. Kakishima, Paras [0063], [0064], [0070], [0089], [0092]-[0096], [0101], [0137], [0183], [0232] and Claims 5, 8, 10 of Kakishima: the UE receives, from the base station, configuration information including a resource set of reference signals, wherein the resource set of these reference signal resources are determined by the base station based on the UE capability information received from the UE; and the configuration information is determined based on the reference signals corresponding to the UE spherical coverage (i.e. required to achieve spherical coverage at the UE); and the spherical coverage is determined based on values of EIRP or EIS (e.g. based on minimum EIRP/EIS) at different percentile (e.g. at the 50% percentile (median value) and based on a difference between the lower limit of the EIRP/EIS value at the 5% of the mean or median value). Each transmitting/receiving antennas (e.g. Figs. 4, 6) can be represented (constituted) by antenna arrays and terms such as “beams”, “resources”, “resource sets” as used in the present disclosure may be used interchangeably as antennas, antenna ports, antenna port groups, in other word as antenna information).
The subject matter of currently amended claims 1 and 25 differ from Kakishima in that Kakishima does not expressly recite the performance objective or requirements are dynamically modified, as recited. However, given the broadest reasonable interpretation, in light of the Applicant’s disclosure, e.g. Figs. 7-8 and Paras [0111], [0114]-[0118],, as it would be interpreted by one of ordinary skill in the art, Kakishima’s disclosure of the determination of the spherical coverage based on minimum EIRP/EIS requirements at the median value (e.g. 50% percentile of the EIRP/EIS) and the difference between the lower and higher limit of the EIRP/EIS values (e.g., a 5% value difference of the median value), measured over the full sphere around the UE as taught by Kakishima (e.g. Paras [0070], [0089], [0092]-[0096], [0101], [0183] and Figs. 2-3) can be interpreted by a skilled artisan as Kakishima describing that the performance objective or requirements are modified as a result of the constant change, activity, or progress corresponding to the UE’s spherical coverage. Furthermore, determining a modified performance objective or requirement dynamically or as a result of the constant change, activity corresponding to the UE’s spherical coverage is rather well established in a technical field related to wireless communications. See for example, Cheng, Figs. 3-6, Paras [0057]-[0061], [0067]-[0068]) teaches or suggests that the UE (210) may transmit capability information of UL signals to the BS (230). The BS 230 receives the UL signals, measures EIRP/EIS of the received UL signals, and finds or selects a UL beam whose EIRP/EIS satisfies the threshold requirement. The BS 230 then determines whether the selected beam satisfies the beam correspondence requirement according to 3GPP 38.101-2 standard. Then, the BS 230, based on the determination, generates and transmits a report which indicate the UE 210 requires calibration as the UL resource failing to satisfy the minimum peak EIRP/EIS requirement or the spherical coverage requirement. The calibration may be needed to adjust antenna panels of the UE, e.g., panels position and/ or orientation used for communications in different frequency bands. Hence, in combination, the prior art includes each element/feature as claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. Thus, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the feature/element disclosed by Kakishima with the knowledge generally available to one of ordinary skill in the art given the broadest reasonable interpretation in light of the specification or with Cheng’s teaching to provide calibration needed to adjust antenna panels of the UE, e.g., panels position and/ or orientation used for communications in different frequency bands (see for example, Figs. 3-6, Paras [0057]-[0061], [0067]-[0068] of Cheng). Therefore one of ordinary skill in the art, such as an individual working in a field related to wireless communications more specifically, to techniques related to determining percentile values for spherical coverage requirements could have combined the features/elements as claimed by known methods, and that in combination, each feature/method merely performs the same function as it does separately, with each feature/method retaining its advantageous function, yielding predictable result/s. It is for at least the aforementioned reasons that the Examiner has reached a conclusion of obviousness with respect to currently amended claims 1 and 25.
RE claims 2 and 26, Kakishima discloses the apparatus and method of claims 1 and 25, wherein the antenna information comprises at least one of: a number of the one or more antenna arrays; a number of antennas in each of the one or more antenna arrays; or a geometric shape of each of the one or more antenna arrays (e.g. Kakishima, Figs. 2, 4, 6, Paras [0013], [0053], [0060], [0063], [0064], [0137], [0232]: [ [0063]-[0064], : the capability information may indicate the number of resources including at least one or more antenna panels; a number of antennas in each of the one or more antenna arrays; or a geometric shape of each of the one or more antenna arrays. The UE capability information indicates the number of resources required for the UE to achieve spherical coverage transmission. Each transmitting/receiving antennas (e.g. Figs. 4, 6) can be represented (constituted) by antenna arrays and terms such as “beams”, “resources”, “resource sets” as used in the present disclosure may be used interchangeably as antennas, antenna ports, antenna port groups, in other word as antenna information)).
RE claims 3 and 27, Kakishima discloses the apparatus and method of claims 1 and 25, wherein: the first number of RSs is different from the second number of RSs ; the standard performance objective comprises a spherical coverage objective of at least one of effective isotropic radiated power (EIRP) or effective isotropic sensitivity (EIS), at the different percentile levels over the sphere around the UE; and the dynamically modified performance objective comprises a modified spherical coverage objective at the different percentile levels over the sphere around the UE (e.g. Kakishima, Fig. 3, Paras [0070], [0089], [0092]-[0096], [0101], [0183]: receives, from the base station, configuration information including a resource set of reference signals based on the reference signals corresponding to a spherical coverage (i.e. required to achieve spherical coverage), wherein the spherical coverage is determined based on the value of EIRP or EIS (e.g. based on minimum EIRP/EIS at the 50% percentile median value) and difference between the lower and higher limit of the EIRP/EIS values (e.g., a 5% value difference of the median value), measured over the full sphere around the UE; and Kakishima (e.g. Paras [0063], [0064], [0070], [0089], [0092]-[0096], [0101], [0183]), the UE receives, from the base station, configuration information including a resource set of reference signals (i.e. second number of RSs) based on the reference signals corresponding to a spherical coverage (i.e. required to achieve spherical coverage); wherein the spherical coverage is determined based on the value of EIRP or EIS (e.g. based on minimum EIRP/EIS at the 50% percentile).
The subject matter of currently amended claims 3 and 27 differ from Kakishima in that Kakishima does not expressly recite the performance objective or requirements are dynamically modified, as recited. However, given the broadest reasonable interpretation, in light of the Applicant’s disclosure, e.g. Figs. 7-8 and Paras [0111], [0114]-[0118],, as it would be interpreted by one of ordinary skill in the art, Kakishima’s disclosure of the determination of the spherical coverage based on minimum EIRP/EIS requirements at the median value (e.g. 50% percentile of the EIRP/EIS) and the difference between the lower and higher limit of the EIRP/EIS values (e.g., a 5% value difference of the median value), measured over the full sphere around the UE as taught by Kakishima (e.g. Paras [0070], [0089], [0092]-[0096], [0101], [0183] and Figs. 2-3) can be interpreted by a skilled artisan as Kakishima describing that the performance objective or requirements are modified as a result of the constant change, activity, or progress corresponding to the UE’s spherical coverage. Furthermore, determining a modified performance objective or requirement dynamically or as a result of the constant change, activity corresponding to the UE’s spherical coverage is rather well established in a technical field related to wireless communications. See for example, Cheng, Figs. 3-6, Paras [0057]-[0061], [0067]-[0068]) teaches or suggests that the UE (210) may transmit capability information of UL signals to the BS (230). The BS 230 receives the UL signals, measures EIRP/EIS of the received UL signals, and finds or selects a UL beam whose EIRP/EIS satisfies the threshold requirement. The BS 230 then determines whether the selected beam satisfies the beam correspondence requirement according to 3GPP 38.101-2 standard. Then, the BS 230, based on the determination, generates and transmits a report which indicate the UE 210 requires calibration as the UL resource failing to satisfy the minimum peak EIRP/EIS requirement or the spherical coverage requirement. The calibration may be needed to adjust antenna panels of the UE, e.g., panels position and/ or orientation used for communications in different frequency bands. Hence, in combination, the prior art includes each element/feature as claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. Thus, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the feature/element disclosed by Kakishima with the knowledge generally available to one of ordinary skill in the art given the broadest reasonable interpretation in light of the specification or with Cheng’s teaching to provide calibration needed to adjust antenna panels of the UE, e.g., panels position and/ or orientation used for communications in different frequency bands (see for example, Figs. 3-6, Paras [0057]-[0061], [0067]-[0068] of Cheng). Therefore one of ordinary skill in the art, such as an individual working in a field related to wireless communications more specifically, to techniques related to determining percentile values for spherical coverage requirements could have combined the features/elements as claimed by known methods, and that in combination, each feature/method merely performs the same function as it does separately, with each feature/method retaining its advantageous function, yielding predictable result/s. It is for at least the aforementioned reasons that the Examiner has reached a conclusion of obviousness with respect to claims 3 and 27.
RE claim 4, Kakishima discloses the apparatus of claim 3, wherein the dynamically modified performance objective indicates different amount of RSs required to achieve the preferred performances at the different percentile levels of the sphere (e.g. Kakishima, Paras [0063], [0064], [0070], [0089], [0092]-[0096], [0101], [0183]: the UE receives, from the base station, configuration information including a resource set of reference signals (i.e. different number of RSs) based on the reference signals corresponding to a spherical coverage (i.e. required to achieve spherical coverage); wherein the spherical coverage is determined based on the value of EIRP or EIS (e.g. based on minimum EIRP/EIS at the 50% percentile).
The subject matter of currently amended claim 4 differs from Kakishima in that Kakishima does not expressly recite the performance objective or requirements are dynamically modified, as recited. However, given the broadest reasonable interpretation, in light of the Applicant’s disclosure, e.g. Figs. 7-8 and Paras [0111], [0114]-[0118], as it would be interpreted by one of ordinary skill in the art, Kakishima’s disclosure of the determination of the spherical coverage based on minimum EIRP/EIS requirements at the median value (e.g. 50% percentile of the EIRP/EIS) and the difference between the lower and higher limit of the EIRP/EIS values (e.g., a 5% value difference of the median value), measured over the full sphere around the UE as taught by Kakishima (e.g. Paras [0070], [0089], [0092]-[0096], [0101], [0183] and Figs. 2-3) can be interpreted by a skilled artisan as Kakishima describing that the performance objective or requirements are modified as a result of the constant change, activity, or progress corresponding to the UE’s spherical coverage. Furthermore, determining a modified performance objective or requirement dynamically or as a result of the constant change, activity corresponding to the UE’s spherical coverage is rather well established in a technical field related to wireless communications. See for example, Cheng, Figs. 3-6, Paras [0057]-[0061], [0067]-[0068]) teaches or suggests that the UE (210) may transmit capability information of UL signals to the BS (230). The BS 230 receives the UL signals, measures EIRP/EIS of the received UL signals, and finds or selects a UL beam whose EIRP/EIS satisfies the threshold requirement. The BS 230 then determines whether the selected beam satisfies the beam correspondence requirement according to 3GPP 38.101-2 standard. Then, the BS 230, based on the determination, generates and transmits a report which indicate the UE 210 requires calibration as the UL resource failing to satisfy the minimum peak EIRP/EIS requirement or the spherical coverage requirement. The calibration may be needed to adjust antenna panels of the UE, e.g., panels position and/ or orientation used for communications in different frequency bands. Hence, in combination, the prior art includes each element/feature as claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. Thus, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the feature/element disclosed by Kakishima with the knowledge generally available to one of ordinary skill in the art given the broadest reasonable interpretation in light of the specification or with Cheng’s teaching to provide calibration needed to adjust antenna panels of the UE, e.g., panels position and/ or orientation used for communications in different frequency bands (see for example, Figs. 3-6, Paras [0057]-[0061], [0067]-[0068] of Cheng). Therefore one of ordinary skill in the art, such as an individual working in a field related to wireless communications more specifically, to techniques related to determining percentile values for spherical coverage requirements could have combined the features/elements as claimed by known methods, and that in combination, each feature/method merely performs the same function as it does separately, with each feature/method retaining its advantageous function, yielding predictable result/s. It is for at least the aforementioned reasons that the Examiner has reached a conclusion of obviousness with respect to currently amended claim 4.
RE claim 5, Kakishima discloses the apparatus of claim 4, wherein: the different amount of RSs comprise a third number of RSs for a first percentile level and a fourth number of RSs for a second percentile level; the first percentile level is higher than the second percentile level; and the third number of RSs is lower than the fourth number of RSs (e.g. Kakishima, Paras [0047], [0044], [0081], [0089]: the different amount of RSs comprising a third number of RSs for a first percentile level (50%) and a fourth number of RSs for a second percentile level (5%); the first percentile level is higher than the second percentile level; and the third number of RSs is lower than the fourth number of RSs.)
RE claim 6, Kakishima discloses the apparatus of claim 3, wherein the one or more processors are further configured to execute the instructions and cause the apparatus to receive an indication of a first RS overhead factor required to achieve a preferred performance at a first percentile level of the sphere, (e.g. Kakishima, Fig. 3, Paras [0070], [0089], [0092]-[0096], [0101], [0183]: the UE receives configuration information including a resource set of reference signals (i.e. RS overhead) corresponding to a spherical coverage (i.e. required to achieve spherical coverage), wherein the spherical coverage is determined based on the value of EIRP or EIS (e.g. based on minimum EIRP/EIS at the 50% percentile median value), wherein the first RS overhead factor is based on the capability information (e.g. Kakishima, Paras [0063], [0064]: a UE may report information to a base station. The UE transmits the information as UE capability information, corresponding to one or more antenna arrays of the UE).
RE claim 7, Kakishima discloses the apparatus of claim 6, wherein the one or more processors are further configured to execute the instructions and cause the apparatus to transmit a response indicating whether the UE is able to achieve the preferred performance at the first percentile level of the sphere, in accordance with the first RS overhead factor (e.g. Kakishima, Paras [0094]. [0098], [0099]: the UE may transmit information about an reference resource set required to achieve the spherical coverage to the base station. The spherical coverage, for example, the minimum EIRP/EIS is achieved at the 50% percentile (median value) of a radiated power distribution (CDF) measured over the full sphere around the UE.)
RE claim 8, Kakishima discloses the apparatus of claim 7, wherein the response indicates that the UE is not able to achieve the preferred performance at the first percentile level of the sphere, in accordance with the first RS overhead factor (e.g. Kakishima, Paras [0094], [0181]: the UE may transmit a capability information whether or not the required resources to form the spherical coverage is achieved, for example a minimum EIRP/EIS requirement defined at 50% percentile for spherical coverage of a radiated power measured over the full sphere around the UE).
RE claim 9, Kakishima discloses the apparatus of claim 8, wherein the response further indicates a second RS overhead factor required to achieve the preferred performance at the first percentile level of the sphere, wherein the second RS overhead factor is different from the first RS overhead factor (e.g. Kakishima, Paras [0095], [0181]: the UE may transmit a capability information whether or not the required resources to form the spherical coverage is achieved, for example a minimum EIRP/EIS requirement defined based on a difference between the lower limit of the EIRP/EIS percentile value and the mean or median percentile value for spherical coverage of a radiated power measured over the full sphere around the UE is achieved).
RE claim 10, Kakishima discloses the apparatus of claim 9, wherein the one or more processors are further configured to execute the instructions and cause the apparatus to receive a configuration of RS resources, based on the second RS overhead factor (e.g. Kakishima, Paras [0080]-[0082] the base station may instruct that spherical coverage can be formed if the UE uses specific SRS Resources (e.g. RSI #1, #3, #5, and #7); UE may notify the base station that the specific indexes of SRS resources used to form spherical coverage.)
RE claim 11, Kakishima discloses the apparatus of claim 3, wherein the one or more processors are further configured to execute the instructions and cause the apparatus to transmit an indication of a first RS overhead factor required to achieve a preferred performance at a first percentile level of the sphere, wherein the first RS overhead factor is based on the capability information (e.g. Kakishima, Paras [0095], [0181]: the UE may transmit a capability information whether or not the required resources to form the spherical coverage is achieved, for example a minimum EIRP/EIS requirement defined based on a difference between the lower limit of the EIRP/EIS percentile value and the mean or median percentile value for spherical coverage of a radiated power measured over the full sphere around the UE is achieved).
RE claim 12, Kakishima discloses the apparatus of claim 11, wherein the one or more processors are further configured to execute the instructions and cause the apparatus to receive a configuration of RS resources, based on the first RS overhead factor (e.g. Kakishima, Paras [0080]-[0082] the base station may instruct that spherical coverage can be formed if the UE uses specific SRS Resources; UE may notify the base station that the specific indexes of SRS resources used to form spherical coverage.)
RE claims 13 and 28, Kakishima discloses an apparatus and a method for wireless communications at a network entity (e.g. base station 10 of Fig. 4 and the corresponding paragraph/s), comprising: one or more memories (e.g. at a least a memory 1002 of Fig. 8) comprising instructions (e.g. Paras [0190]-[0192] of Kakishima]); and one or more processors configured, individually or in any combination, to execute the instructions and cause the apparatus to (e.g. Paras [0190]-[0192] of Kakishima]): receive signaling indicating capability information from a user equipment (UE), wherein the capability information comprises at least antenna information corresponding to one or more antenna arrays of the UE (e.g. Kakishima, Figs. 2, 4, 6, Paras [0060], [0063], [0064], [0137], [0232]: the UE may report information about the number of spherical coverage beams to the base station, wherein the information is transmitted as UE capability information. The UE capability information indicates the number of resources required for the UE to achieve spherical coverage transmission. Each transmitting/receiving antennas (e.g. Figs. 4, 6) can be represented (constituted) by antenna arrays and terms such as “beams”, “resources”, “resource sets” as used in the present disclosure may be used interchangeably as antennas, antenna ports, antenna port groups, in other word as antenna information)); and transmit, to the UE, an indication of a modified performance objective for beamforming that is different from a standard performance objective indicating a first number of reference signals (RSs) required to achieve preferred performances at different percentile levels of a sphere around the UE (e.g. Kakishima, Fig. 3, Paras [0070], [0089]-[0090], [0092]-[0096], [0101], [0183]: the UE receives (from the base station) configuration information including a resource set of reference signals corresponding to the spherical coverage beams that the UE is instructed to transmit, wherein the spherical coverages are determined based on values of EIRP and/or EIS measured at different percentile level of a sphere around the UE (e.g. at the 50% percentile (median value) and based on a difference between the lower limit of the EIRP/EIS value at the 5% of the mean or median value)), wherein the modified performance objective specifies a second number of RSs, determined based on the antenna information, that are required to achieve the preferred performances at the different percentile levels of the sphere (e.g. Kakishima, Paras [0063], [0064], [0070], [0089], [0092]-[0096], [0101], [0137], [0183], [0232] and Claims 5, 8, 10 of Kakishima: the UE receives, from the base station, configuration information including a resource set of reference signals, wherein the resource set of these reference signal resources are determined by the base station based on the UE capability information received from the UE; wherein the configuration information is determined based on the reference signals corresponding to the UE spherical coverage (i.e. required to achieve spherical coverage at the UE); and the spherical coverage is determined based on values of EIRP or EIS (e.g. based on minimum EIRP/EIS) at different percentile (e.g. at the 50% percentile (median value) and based on a difference between the lower limit of the EIRP/EIS value at the 5% of the mean or median value). Each transmitting/receiving antennas (e.g. Figs. 4, 6) can be represented (constituted) by antenna arrays and terms such as “beams”, “resources”, “resource sets” as used in the present disclosure may be used interchangeably as antennas, antenna ports, antenna port groups, in other word as antenna information).
The subject matter of currently amended claims 13 and 28 differ from Kakishima in that Kakishima does not expressly recite the performance objective or requirements are dynamically modified, as recited. However, given the broadest reasonable interpretation, in light of the Applicant’s disclosure, e.g. Figs. 7-8 and Paras [0111], [0114]-[0118],, as it would be interpreted by one of ordinary skill in the art, Kakishima’s disclosure of the determination of the spherical coverage based on minimum EIRP/EIS requirements at the median value (e.g. 50% percentile of the EIRP/EIS) and the difference between the lower and higher limit of the EIRP/EIS values (e.g., a 5% value difference of the median value), measured over the full sphere around the UE as taught by Kakishima (e.g. Paras [0070], [0089], [0092]-[0096], [0101], [0183] and Figs. 2-3) can be interpreted by a skilled artisan as Kakishima describing that the performance objective or requirements are modified as a result of the constant change, activity, or progress corresponding to the UE’s spherical coverage. Furthermore, determining a modified performance objective or requirement dynamically or as a result of the constant change, activity corresponding to the UE’s spherical coverage is rather well established in a technical field related to wireless communications. See for example, Cheng, Figs. 3-6, Paras [0057]-[0061], [0067]-[0068]) teaches or suggests that the UE (210) may transmit capability information of UL signals to the BS (230). The BS 230 receives the UL signals, measures EIRP/EIS of the received UL signals, and finds or selects a UL beam whose EIRP/EIS satisfies the threshold requirement. The BS 230 then determines whether the selected beam satisfies the beam correspondence requirement according to 3GPP 38.101-2 standard. Then, the BS 230, based on the determination, generates and transmits a report which indicate the UE 210 requires calibration as the UL resource failing to satisfy the minimum peak EIRP/EIS requirement or the spherical coverage requirement. The calibration may be needed to adjust antenna panels of the UE, e.g., panels position and/ or orientation used for communications in different frequency bands. Hence, in combination, the prior art includes each element/feature as claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. Thus, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the feature/element disclosed by Kakishima with the knowledge generally available to one of ordinary skill in the art given the broadest reasonable interpretation in light of the specification or with Cheng’s teaching to provide calibration needed to adjust antenna panels of the UE, e.g., panels position and/ or orientation used for communications in different frequency bands (see for example, Figs. 3-6, Paras [0057]-[0061], [0067]-[0068] of Cheng). Therefore one of ordinary skill in the art, such as an individual working in a field related to wireless communications more specifically, to techniques related to determining percentile values for spherical coverage requirements could have combined the features/elements as claimed by known methods, and that in combination, each feature/method merely performs the same function as it does separately, with each feature/method retaining its advantageous function, yielding predictable result/s. It is for at least the aforementioned reasons that the Examiner has reached a conclusion of obviousness with respect to currently amended claims 13 and 28.
RE claims 14 and 29, Kakishima discloses the apparatus and method of claims 13 and 28, wherein the antenna information comprises at least one of: a number of the one or more antenna arrays; a number of antennas in each of the one or more antenna arrays; or a geometric shape of each of the one or more antenna arrays e.g. Kakishima, Figs. 2, 4, 6, Paras [0013], [0053], [0060], [0063], [0064], [0137], [0232]: [ [0063]-[0064], : the capability information may indicate the number of resources including at least one or more antenna panels; a number of antennas in each of the one or more antenna arrays; or a geometric shape of each of the one or more antenna arrays. The UE capability information indicates the number of resources required for the UE to achieve spherical coverage transmission. Each transmitting/receiving antennas (e.g. Figs. 4, 6) can be represented (constituted) by antenna arrays and terms such as “beams”, “resources”, “resource sets” as used in the present disclosure may be used interchangeably as antennas, antenna ports, antenna port groups, in other word as antenna information).
RE claims 15 and 30, Kakishima discloses the apparatus and method of claims 13 and 28, wherein: the first number of RSs is different from the second number of RSs; the standard performance objective comprises a spherical coverage objective of at least one of: effective isotropic radiated power (EIRP) or effective isotropic sensitivity (EIS), at the different percentile levels over the sphere around the UE; and the dynamically modified performance objective comprises a modified spherical coverage objective at the different percentile levels over the sphere around the UE (e.g. Kakishima, Fig. 3, Paras [0070], [0089], [0092]-[0096], [0101], [0183]: receives, from the base station, configuration information including a resource set of reference signals based on the reference signals corresponding to a spherical coverage (i.e. required to achieve spherical coverage), wherein the spherical coverage is determined based on the value of EIRP or EIS (e.g. based on minimum EIRP/EIS at the 50% percentile median value) and difference between the lower and higher limit of the EIRP/EIS values (e.g., a 5% value difference of the median value), measured over the full sphere around the UE; and Kakishima (e.g. Paras [0063], [0064], [0070], [0089], [0092]-[0096], [0101], [0183]), the UE receives, from the base station, configuration information including a resource set of reference signals (i.e. second number of RSs) based on the reference signals corresponding to a spherical coverage (i.e. required to achieve spherical coverage); wherein the spherical coverage is determined based on the value of EIRP or EIS (e.g. based on minimum EIRP/EIS at the 50% percentile).
The subject matter of currently amended claims 15 and 30 differ from Kakishima in that Kakishima does not expressly recite the performance objective or requirements are dynamically modified, as recited. However, given the broadest reasonable interpretation, in light of the Applicant’s disclosure, e.g. Figs. 7-8 and Paras [0111], [0114]-[0118],, as it would be interpreted by one of ordinary skill in the art, Kakishima’s disclosure of the determination of the spherical coverage based on minimum EIRP/EIS requirements at the median value (e.g. 50% percentile of the EIRP/EIS) and the difference between the lower and higher limit of the EIRP/EIS values (e.g., a 5% value difference of the median value), measured over the full sphere around the UE as taught by Kakishima (e.g. Paras [0070], [0089], [0092]-[0096], [0101], [0183] and Figs. 2-3) can be interpreted by a skilled artisan as Kakishima describing that the performance objective or requirements are modified as a result of the constant change, activity, or progress corresponding to the UE’s spherical coverage. Furthermore, determining a modified performance objective or requirement dynamically or as a result of the constant change, activity corresponding to the UE’s spherical coverage is rather well established in a technical field related to wireless communications. See for example, Cheng, Figs. 3-6, Paras [0057]-[0061], [0067]-[0068]) teaches or suggests that the UE (210) may transmit capability information of UL signals to the BS (230). The BS 230 receives the UL signals, measures EIRP/EIS of the received UL signals, and finds or selects a UL beam whose EIRP/EIS satisfies the threshold requirement. The BS 230 then determines whether the selected beam satisfies the beam correspondence requirement according to 3GPP 38.101-2 standard. Then, the BS 230, based on the determination, generates and transmits a report which indicate the UE 210 requires calibration as the UL resource failing to satisfy the minimum peak EIRP/EIS requirement or the spherical coverage requirement. The calibration may be needed to adjust antenna panels of the UE, e.g., panels position and/ or orientation used for communications in different frequency bands. Hence, in combination, the prior art includes each element/feature as claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. Thus, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the feature/element disclosed by Kakishima with the knowledge generally available to one of ordinary skill in the art given the broadest reasonable interpretation in light of the specification or with Cheng’s teaching to provide calibration needed to adjust antenna panels of the UE, e.g., panels position and/ or orientation used for communications in different frequency bands (see for example, Figs. 3-6, Paras [0057]-[0061], [0067]-[0068] of Cheng). Therefore one of ordinary skill in the art, such as an individual working in a field related to wireless communications more specifically, to techniques related to determining percentile values for spherical coverage requirements could have combined the features/elements as claimed by known methods, and that in combination, each feature/method merely performs the same function as it does separately, with each feature/method retaining its advantageous function, yielding predictable result/s. It is for at least the aforementioned reasons that the Examiner has reached a conclusion of obviousness with respect to currently amended claims 15 and 30.
RE claim 16, Kakishima discloses, the apparatus of claim 15, wherein the dynamically modified performance objective indicates different amount of RSs required to achieve the preferred performances at the different percentile levels of the sphere (e.g. Kakishima, Paras [0063], [0064], [0070], [0089], [0092]-[0096], [0101], [0183]: the UE receives, from the base station, configuration information including a resource set of reference signals (i.e. different number of RSs) based on the reference signals corresponding to a spherical coverage (i.e. required to achieve spherical coverage); wherein the spherical coverage is determined based on the value of EIRP or EIS (e.g. based on minimum EIRP/EIS at the 50% percentile).
The subject matter of currently amended claim 16 differ from Kakishima in that Kakishima does not expressly recite the performance objective or requirements are dynamically modified, as recited. However, given the broadest reasonable interpretation, in light of the Applicant’s disclosure, e.g. Figs. 7-8 and Paras [0111], [0114]-[0118],, as it would be interpreted by one of ordinary skill in the art, Kakishima’s disclosure of the determination of the spherical coverage based on minimum EIRP/EIS requirements at the median value (e.g. 50% percentile of the EIRP/EIS) and the difference between the lower and higher limit of the EIRP/EIS values (e.g., a 5% value difference of the median value), measured over the full sphere around the UE as taught by Kakishima (e.g. Paras [0070], [0089], [0092]-[0096], [0101], [0183] and Figs. 2-3) can be interpreted by a skilled artisan as Kakishima describing that the performance objective or requirements are modified as a result of the constant change, activity, or progress corresponding to the UE’s spherical coverage. Furthermore, determining a modified performance objective or requirement dynamically or as a result of the constant change, activity corresponding to the UE’s spherical coverage is rather well established in a technical field related to wireless communications. See for example, Cheng, Figs. 3-6, Paras [0057]-[0061], [0067]-[0068]) teaches or suggests that the UE (210) may transmit capability information of UL signals to the BS (230). The BS 230 receives the UL signals, measures EIRP/EIS of the received UL signals, and finds or selects a UL beam whose EIRP/EIS satisfies the threshold requirement. The BS 230 then determines whether the selected beam satisfies the beam correspondence requirement according to 3GPP 38.101-2 standard. Then, the BS 230, based on the determination, generates and transmits a report which indicate the UE 210 requires calibration as the UL resource failing to satisfy the minimum peak EIRP/EIS requirement or the spherical coverage requirement. The calibration may be needed to adjust antenna panels of the UE, e.g., panels position and/ or orientation used for communications in different frequency bands. Hence, in combination, the prior art includes each element/feature as claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. Thus, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the feature/element disclosed by Kakishima with the knowledge generally available to one of ordinary skill in the art given the broadest reasonable interpretation in light of the specification or with Cheng’s teaching to provide calibration needed to adjust antenna panels of the UE, e.g., panels position and/ or orientation used for communications in different frequency bands (see for example, Figs. 3-6, Paras [0057]-[0061], [0067]-[0068] of Cheng). Therefore one of ordinary skill in the art, such as an individual working in a field related to wireless communications more specifically, to techniques related to determining percentile values for spherical coverage requirements could have combined the features/elements as claimed by known methods, and that in combination, each feature/method merely performs the same function as it does separately, with each feature/method retaining its advantageous function, yielding predictable result/s. It is for at least the aforementioned reasons that the Examiner has reached a conclusion of obviousness with respect to currently amended claim 16.
RE claim 17, Kakishima discloses, the apparatus of claim 16, wherein: the different amount of RSs comprise a third number of RSs for a first percentile level and a fourth number of RSs for a second percentile level; the first percentile level is higher than the second percentile level; and the third number of RSs is lower than the fourth number of RSs (e.g. Kakishima, Paras [0047], [0044], [0081], [0089]: the different amount of RSs comprising a third number of RSs for a first percentile level (50%) and a fourth number of RSs for a second percentile level (5%); the first percentile level is higher than the second percentile level; and the third number of RSs is lower than the fourth number of RSs.)
RE claim 18, Kakishima discloses, the apparatus of claim 15, wherein the one or more processors are further configured to execute the instructions and cause the apparatus to transmit an indication of a first RS overhead factor required to achieve a preferred performance at a first percentile level of the sphere, wherein the first RS overhead factor is based on the capability information(e.g. Kakishima, Fig. 3, Paras [0070], [0089], [0092]-[0096], [0101], [0183]: the UE receives configuration information including a resource set of reference signals (i.e. RS overhead) corresponding to a spherical coverage (i.e. required to achieve spherical coverage), wherein the spherical coverage is determined based on the value of EIRP or EIS (e.g. based on minimum EIRP/EIS at the 50% percentile median value), wherein the first RS overhead factor is based on the capability information (e.g. Kakishima, Paras [0063], [0064]: a UE may report information to a base station. The UE transmits the information as UE capability information, corresponding to one or more antenna arrays of the UE).
RE claim 19, Kakishima discloses, the apparatus of claim 18, wherein the one or more processors are further configured to execute the instructions and cause the apparatus to receive a response indicating whether the UE is able to achieve the preferred performance at the first percentile level of the sphere, in accordance with the first RS overhead factor (e.g. Kakishima, Paras [0094]. [0098], [0099]: the UE may transmit information about an reference resource set required to achieve the spherical coverage to the base station. The spherical coverage, for example, the minimum EIRP/EIS is achieved at the 50% percentile (median value) of a radiated power distribution (CDF) measured over the full sphere around the UE.)
RE claim 20, Kakishima discloses the apparatus of claim 19, wherein the response indicates that the UE is not able to achieve the preferred performance at the first percentile level of the sphere, in accordance with the first RS overhead factor (e.g. Kakishima, Paras [0094], [0181]: the UE may transmit a capability information whether or not the required resources to form the spherical coverage is achieved, for example a minimum EIRP/EIS requirement defined at 50% percentile for spherical coverage of a radiated power measured over the full sphere around the UE).
RE claim 21, Kakishima discloses the apparatus of claim 20, wherein the response further indicates a second RS overhead factor required to achieve the preferred performance at the first percentile level of the sphere, wherein the second RS overhead factor is different from the first RS overhead factor(e.g. Kakishima, Paras [0095], [0181]: the UE may transmit a capability information whether or not the required resources to form the spherical coverage is achieved, for example a minimum EIRP/EIS requirement defined based on a difference between the lower limit of the EIRP/EIS percentile value and the mean or median percentile value for spherical coverage of a radiated power measured over the full sphere around the UE is achieved).
RE claim 22, Kakishima discloses the apparatus of claim 21, wherein the one or more processors are further configured to execute the instructions and cause the apparatus to transmit a configuration of RS resources, based on the second RS overhead factor(e.g. Kakishima, Paras [0080]-[0082] the base station may instruct that spherical coverage can be formed if the UE uses specific SRS Resources (e.g. RSI #1, #3, #5, and #7); UE may notify the base station that the specific indexes of SRS resources used to form spherical coverage).
RE claim 23, Kakishima discloses the apparatus of claim 15, wherein the one or more processors are further configured to execute the instructions and cause the apparatus to receive an indication of a first RS overhead factor required to achieve a preferred performance at a first percentile level of the sphere, wherein the first RS overhead factor is based on the capability information (e.g. Kakishima, Paras [0095], [0181]: the UE may transmit a capability information whether or not the required resources to form the spherical coverage is achieved, for example a minimum EIRP/EIS requirement defined based on a difference between the lower limit of the EIRP/EIS percentile value and the mean or median percentile value for spherical coverage of a radiated power measured over the full sphere around the UE is achieved).
RE claim 24, Kakishima discloses the apparatus of claim 23, wherein the one or more processors are further configured to execute the instructions and cause the apparatus to transmit a configuration of RS resources, based on the first RS overhead factor (e.g. Kakishima, Paras [0080]-[0082] the base station may instruct that spherical coverage can be formed if the UE uses specific SRS Resources; UE may notify the base station that the specific indexes of SRS resources used to form spherical coverage.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892, Notice of References Cited.
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/BERHANU TADESE/Primary Examiner, Art Unit 2632