Prosecution Insights
Last updated: October 01, 2026
Application No. 18/393,788

REFERENCE SIGNAL SENDING METHOD AND APPARATUS AND REFERENCE SIGNAL CONFIGURATION METHOD AND APPARATUS

Final Rejection §102§103
Filed
Dec 22, 2023
Priority
Jun 25, 2021 — CN 202110709452.7 +1 more
Examiner
KASRAIAN, ALLAHYAR
Art Unit
2642
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
477 granted / 645 resolved
+12.0% vs TC avg
Strong +21% interview lift
Without
With
+20.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
22 currently pending
Career history
665
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
48.0%
+8.0% vs TC avg
§102
17.6%
-22.4% vs TC avg
§112
20.9%
-19.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 645 resolved cases

Office Action

§102 §103
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 . Remarks The present Office Action is in response to Applicant’s amendment filed on 06/29/2026. Claims 1-13 and 15-21 are still pending in the present application. This Action is made FINAL. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 3, 7, 17 and 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Siomina -US 20220140975 A1- (hereinafter Siomina). Regarding claim 1, Siomina discloses a reference signal sending method, comprising: switching, by a terminal device, from a first carrier of a first serving cell to a second carrier of a non-serving cell (FIG. 3, par. 0084, “FIG. 3 par. 0083, “where a UE transmits SRS (e.g., periodic) on a target UL carrier F_to after switching from using an origin UL carrier F_from”); and sending, by the terminal device, a sounding reference signal (SRS) by using the second carrier (FIG. 3 par. 0083, “where a UE transmits SRS (e.g., periodic) on a target UL carrier F_to after switching from using an origin UL carrier F_from… the SRS switching from the origin UL carrier F_from and/or to the target UL carrier F_to in order to transmit SRS on the target UL carrier F_to using numerology SCS_srs”). Regarding claim 3, as applied to claim 1 above, Siomina discloses wherein switching from the first carrier of the serving cell to the second carrier of the non-serving cell comprises: interrupting, by the terminal device, communication on the first carrier (par. 0071, “wherein switching from the first carrier of the serving cell to the second carrier of the non-serving cell comprises: interrupting, by the terminal device, communication on the first carrier; and switching, by the terminal device, a radio frequency operating frequency of the terminal device from a radio frequency of the first carrier to a radio frequency of the second carrier”); and switching, by the terminal device, a radio frequency operating frequency of the terminal device from a radio frequency of the first carrier to a radio frequency of the second carrier (par. 0083, “where a UE transmits SRS (e.g., periodic) on a target UL carrier F_to after switching from using an origin UL carrier F_from… the SRS switching from the origin UL carrier F_from and/or to the target UL carrier F_to in order to transmit SRS on the target UL carrier F_to using numerology SCS_srs”). Regarding claim 7, as applied to claim 1 above, Siomina discloses switching, by the terminal device, from the second carrier to the first carrier after the terminal device sends the SRS (par. 0083, “where a UE transmits SRS (e.g., periodic) on a target UL carrier F_to after switching from using an origin UL carrier F_from”). Regarding claim 17, Siomina discloses a device, comprising: a processor; and a memory configured to store computer readable instructions that, when executed by the processor, cause the device to (FIG. 9, par. 0144 for one or more processors 902 and memory 904, “the functionality of the UE 900 described above may be fully or partially implemented in software that is, e.g., stored in the memory 904 and executed by the processor(s) 902.”): switch from a first carrier of a first serving cell to a second carrier of a non-serving cell (FIG. 3, par. 0084, “FIG. 3 par. 0083, “where a UE transmits SRS (e.g., periodic) on a target UL carrier F_to after switching from using an origin UL carrier F_from”); and send a sounding reference signal (SRS) by using the second carrier (FIG. 3 par. 0083, “where a UE transmits SRS (e.g., periodic) on a target UL carrier F_to after switching from using an origin UL carrier F_from… the SRS switching from the origin UL carrier F_from and/or to the target UL carrier F_to in order to transmit SRS on the target UL carrier F_to using numerology SCS_srs”). Regarding claim 19, as applied to claim 17 above, the claim is rejected for the same reason(s) as set forth claim 3 above. 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) 2, 9, 10 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Siomina as applied to claim(s) 1 and 17 above, and further in view of WEI et al. -US 20200036556 A1- (hereinafter Wei). Regarding claim 2, as applied to claim 1 above, Siomina-1 discloses receiving, by the terminal device, configuration information of the SRS from an access network device (par. 0099, “The network node may also act differently towards the UE, depending on the determined amount of SRS switching impact. For example, the network node can take a first action when the impact W is below a threshold but it can take a second action otherwise. In another example, the network node may adapt UE configuration or the configuration of its signals (e.g., their periodicity) to be used by the UE so that the impact W is below a threshold when the UE is configured with SRS switching. In yet another example, the network node may choose an SRS switching configuration for which the impact is below a threshold. In yet another example, the network node may choose to configure two SRS switching loops with a larger overlap (e.g., in different RATs or in different TAGs) if this reduces the overall UE impact”), However, Siomina fails to explicitly disclose receiving, by the terminal device, configuration information of the SRS from an access network device, wherein the configuration information of the SRS includes at least indication information of an SRS frequency; and determining, by the terminal device, the second carrier based on the indication information of the SRS frequency. In the same field of endeavor, Wei discloses receiving, by the terminal device, configuration information of the SRS from an access network device, wherein the configuration information of the SRS includes at least indication information of an SRS frequency (FIG. 5, par. 0099, par. 0109, “501. A network device sends SRS configuration information of a first transmission resource and SRS configuration information of a second transmission resource to a terminal device.”, par. 0103 and 0104 for “the BP is a segment of frequency domain resource on a carrier or may be a bandwidth unit smaller than the carrier, and a carrier bandwidth may be further divided into a plurality of bandwidth parts… The carrier bandwidth is a quantity of resource blocks (resource block, RB) included in the wideband CC.”); and determining, by the terminal device, the second carrier based on the indication information of the SRS frequency (FIG. 5, par. 0121-0122, “502. The terminal device… sends an SRS on the second transmission resource based on the SRS configuration information of the second transmission resource… and sends an SRS on the second transmission resource based on the SRS configuration information of the second transmission resource”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate sending SRS configuration information of a first transmission resource and SRS configuration information of a second transmission resource to a terminal device as taught by Wei to the network node for choosing an SRS switching configuration as disclosed by Siomina for purpose of sending an SRS on the transmission resource based on the SRS configuration information. Regarding claim 9, as applied to claim 2 above, Wei discloses wherein the indication information of the SRS frequency includes at least one of the following: an absolute radio frequency channel number (ARFCN) of the SRS, a bandwidth of the second carrier, an available resource block (RB) set of the second carrier, or an ARFCN of the second carrier (par. 0103 and 0104 for “the BP is a segment of frequency domain resource on a carrier or may be a bandwidth unit smaller than the carrier, and a carrier bandwidth may be further divided into a plurality of bandwidth parts… The carrier bandwidth is a quantity of resource blocks (resource block, RB) included in the wideband CC.”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate sending SRS configuration information of a first transmission resource and SRS configuration information of a second transmission resource to a terminal device as taught by Wei to the network node for choosing an SRS switching configuration as disclosed by Siomina for purpose of sending an SRS on the transmission resource based on the SRS configuration information. Regarding claim 10, as applied to claim 2 above, Siomina discloses wherein the indication information of the SRS frequency includes at least one of the following: an absolute radio frequency channel number (ARFCN) of the SRS, a bandwidth of the second carrier, an available resource block (RB) set of the second carrier, or an ARFCN of the second carrier (par. 0019, “the first serving cell of the wireless device is one of two or more cells in a first cell group of the wireless device, the second serving cell of the wireless device is one of two or more cells in a second cell group of the wireless device, and the one or more serving cells of the wireless device comprise at least one of the two or more cells in the first cell group of the wireless device, other than the first serving cell, and/or at least one of the two or more cells in the second cell group of the wireless device, other than the second serving cell”; par. 0071, “a UE is configured to perform SRS carrier-based switching across serving cells of the same Cell Group (CG) (e.g., TAG, Master Cell Group (MCG), Secondary Cell Group (SCG), etc.) for at least two different CGs.”). Regarding claim 18, as applied to claim 17 above, the claim is rejected for the same reason(s) as set forth claim 2 above. Claim(s) 11, 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wei in view of CAO et al. -US 20240080838 A1- (hereinafter Cao) and further in view of Siomina. Regarding claim 11, Wei discloses a reference signal configuration method, comprising: generating, by an access network device, configuration information of a sounding reference signal (SRS) (FIG. 5, par. 0119, “before performing step 501, the network device may first generate the SRS configuration information of the first transmission resource and the SRS configuration information of the second transmission resource”); and sending, by the access network device, the configuration information of the SRS to a terminal device (FIG. 5, par. 0109, “501. A network device sends SRS configuration information of a first transmission resource and SRS configuration information of a second transmission resource to a terminal device.”), the configuration information of the SRS includes at least indication information of an SRS frequency (par. 0103 and 0104 for “the BP is a segment of frequency domain resource on a carrier or may be a bandwidth unit smaller than the carrier, and a carrier bandwidth may be further divided into a plurality of bandwidth parts… The carrier bandwidth is a quantity of resource blocks (resource block, RB) included in the wideband CC.”). However, Wei fails to disclose wherein the configuration information of the SRS is on a second carrier of a non-serving cell of the terminal device. In the same field of endeavor, Cao discloses wherein the configuration information of the SRS is on a second carrier of a non-serving cell of the terminal device (FIG. 7, par. 0108, “As shown by reference number 710, the base station 110 may determine a configuration that includes an uplink transmit switching configuration for performing uplink transmit switching between the first component carrier of the UE 120 and the second component carrier of the UE 120 and an SRS carrier switching configuration for performing SRS carrier switching between the second component carrier of the UE 120 and the third component carrier of the UE 120. The configuration may configure one or more uplink transmit switches and/or one or more SRS carrier switches to be performed by the UE 120”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate determining a configuration for an uplink transmit switching between first and second carrier as taught by Cao to generating the SRS configuration information of the first and second transmission resource as disclosed by Wei for purpose of using SRS carrier switching configuration for performing SRS carrier switching between the component carrier of the terminal device. However, Wei as modified by Cao fails to disclose receiving, by the access network device, the SRS from the terminal device in association with the terminal device switching from a first carrier of a first serving cell to the second carrier of the non-serving cell. In the same field of endeavor, Siomina discloses receiving, by the access network device, the SRS from the terminal device in association with the terminal device switching from a first carrier of a first serving cell to the second carrier of the non-serving cell (FIG. 12, par. 0151 for host computer 1220; FIG. 3 par. 0083-0084, “where a UE transmits SRS (e.g., periodic) on a target UL carrier F_to after switching from using an origin UL carrier F_from… the carrier frequency F1 and the origin UL carrier F_from may or may not be the same (e.g., the carrier frequency F1 may be a serving carrier from which the UE is switching or it can be a monitored or measured non-serving carrier which is still impacted by SRS switching). In some examples, the carrier frequency F1 and the target UL carrier F_to may or may not be the same (e.g., F1 may be a serving carrier to which the UE is switching or it can be a monitored or measured non-serving carrier which is still impacted by SRS switching)”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate switching between serving carrier and non-serving carrier of a cell as taught by Siomina to generating the SRS configuration information of the first and second transmission resource as disclosed by Wei as modified by Cao for purpose of transmitting SRS on a target UL carrier after switching from an origin UL carrier of a cell. Regarding claim 12, as applied to claim 11 above, Wei discloses wherein the indication information of the SRS frequency includes at least one of: an absolute radio frequency channel number (ARFCN) of the SRS, a bandwidth of the second carrier, an available resource block (RB) set of the second carrier, or an ARFCN of the second carrier (par. 103 and 0104 for bandwidth and resource block). Regarding claim 13, as applied to claim 11 above, Siomina discloses wherein the configuration information of the SRS is unrelated to a cell group configuration (par. 0019, “the first serving cell of the wireless device is one of two or more cells in a first cell group of the wireless device…”; par. 0071, “a UE is configured to perform SRS carrier-based switching across serving cells of the same Cell Group (CG) (e.g., TAG, Master Cell Group (MCG), Secondary Cell Group (SCG), etc.) for at least two different CGs.”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate using different group cells for to perform SRS carrier-based switching as taught by Siomina to the SRS switching method as disclosed by Wei as modified by Cao for purpose of performing SRS carrier-based switching across two different cell groups. Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wei in view of Cao as applied to claim(s) 11 above, and further in view of Siomina - US 20190229868 A1- (hereinafter Siomina-2). Regarding claim 15, as applied to claim 11 above, Wei as modified by Cao discloses the claimed invention except sending, by the access network device, configuration information of a measurement gap to the terminal device, wherein the measurement gap is a time range in which the SRS is allowed to be sent. In the same field of endeavor, Siomina-2 discloses sending, by the access network device, configuration information of a measurement gap to the terminal device (par. 0267 and 0286, “At step 804, network node 115A-C obtains a second configuration indicating a measurement gap for receiving at least one second radio signal by the wireless device… At step 824, network node 115A-C may determine for the at least one wireless device 110A-C the need to receive one or more of second radio signals while using measurement gaps”), wherein the measurement gap is a time range in which the SRS is allowed to be sent (par. 0128, “Wireless device 110A-C is allowed to transmit SRS in a measurement gap provided that the UE can meet one or more requirements associated with the measurements performed using measurement gaps e.g. Wireless device 110A-C is allowed to transmit SRS in a measurement gap provided measurement time of the measurement is not extended.”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate providing configuring measurement gaps and SRS switching by a network node as taught by Siomina-2 to the SRS configuration information as disclosed by Wei as modified by Cao for purpose of allowing to transmit SRS in a measurement gap provided that the UE meeting one or more requirements. Regarding claim 16, as applied to claim 12 above, Siomina-2 discloses wherein the measurement gap is in a first frequency range or is a measurement gap of the terminal device (par. 0127-0128, “Wireless device 110A-C is allowed to transmit SRS in a measurement gap provided that the UE is not performing measurement in that measurement gap or if the UE has completed the measurements in gaps”). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate providing configuring measurement gaps and SRS switching by a network node as taught by Siomina-2 to the SRS configuration information as disclosed by Wei as modified by Cao for purpose of allowing to transmit SRS in a measurement gap provided that the UE meeting one or more requirements. Allowable Subject Matter Claim(s) 4-6, 8, 20 and 21 are 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. Response to Arguments Applicant's arguments filed on 06/29/2026 have been fully considered but they are not persuasive. On page 8 of the Applicant’s remarks, with respect to claim 1, Applicant argues, “Siomina essentially describes a system for controlling SRS carrier-based switching where a UE transmits SRS on a target UL carrier F_to after switching from using an origin UL carrier F_from. Even assuming for sake of argument that Siomina indicates that the carrier frequency F1 may or may not be a serving carrier frequency, Siomina does not describe the terminal device switching from a first carrier of a first serving cell to a second carrier of a non-serving cell (and then sending the SRS using the second carrier of the non-serving cell). Siomina only indicates that the carrier F1 (e.g., the carrier impacted by service interruption) may or may not be a serving carrier frequency, but does not indicate that the terminal switches from F_from (as a first serving cell) to F_to (as a non-serving cell).” Examiner respectfully disagrees. Siomina discloses a UE transmits SRS (e.g., periodic) on a target UL carrier F_to after switching from using an origin UL carrier F_from. Siomina further discloses the carrier frequency F1 and the origin UL carrier F_from… may not be the same (e.g., the carrier frequency F1… can be a monitored or measured non-serving carrier which is still impacted by SRS switching)… the carrier frequency F1 and the target UL carrier F_to may… be the same… Thus, a target UL carrier F_to can be considered as the non-serving carrier of a cell which can be read on as the claimed non-serving cell. On pages 9 and 10 of the Applicant’s remarks, with respect to claim 11, Applicant argues, “Cao does not indicate that one carrier is a non-serving cell of the terminal device, or that the configuration information of the STS is on such a carrier. Similarly, Cao does not describe the base station receiving the SRS upon the terminal device switching from a first carrier of a first serving cell to the second carrier of the non-serving cell. In other words, Cao fails to disclose or suggest "sending, by the access network device, the configuration information of the SRS to a terminal device, wherein the configuration information of the SRS is on a second carrier of a non-serving cell of the terminal device. and receiving, by the access network device, the SRS from the terminal device in association with the terminal device switching from a first carrier of a first serving cell to the second carrier of the non-serving cell," as claimed.” Examiner respectfully disagrees for the same reason(s) as stated above for claim 1 above. Conclusion The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. Wang et al. -US 20100322070 A1- disclose APPARATUSES, SYSTEMS, AND METHODS FOR LOAD BALANCING MANAGEMENT. 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 ALLAHYAR KASRAIA N whose telephone number is (571)270-1772. The examiner can normally be reached Monday - Friday, 8:00 am - 5: 00 pm. 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, RAFAEL PEREZ-GUTIERREZ can be reached at (571)272-7915. 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. /ALLAHYAR KASRAIA N/Primary Examiner, Art Unit 2642
Read full office action

Prosecution Timeline

Dec 22, 2023
Application Filed
Jan 29, 2024
Response after Non-Final Action
May 07, 2026
Non-Final Rejection mailed — §102, §103
Jun 29, 2026
Response Filed
Sep 08, 2026
Final Rejection mailed — §102, §103 (current)

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