Prosecution Insights
Last updated: April 19, 2026
Application No. 18/423,034

DEVICES AND METHODS FOR IMPROVED UPLINK THROUGHPUT

Non-Final OA §103
Filed
Jan 25, 2024
Examiner
WEBB, MARGARET G
Art Unit
2641
Tech Center
2600 — Communications
Assignee
Apple Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
88%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
402 granted / 503 resolved
+17.9% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
46 currently pending
Career history
549
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
52.2%
+12.2% vs TC avg
§102
25.4%
-14.6% vs TC avg
§112
8.4%
-31.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 503 resolved cases

Office Action

§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 . Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar et al (US 2024/0205837), in view of Chisu et al (US 2024/0146367). Regarding Claim 1, Kumar teaches a non-transitory computer-readable medium, comprising instructions that, when executed by one or more processors ([0198-0199]), are configured to cause the one or more processors to: receive an indication of a frequency band and a power class ([0164-0165], Fig. 11, At 1105, the method may include transmitting, to a network entity, an advertisement message indicating an uplink transmission duty cycle associated with a first power class mode of the UE, the first power class mode of the UE corresponding to a higher transmission power level than a second power class mode of the UE, At 1110, the method may include receiving, from the network entity, a set of multiple uplink grants associated with a time interval, a quantity of transmission resources scheduled by the set of multiple uplink grants during the time interval exceeding the uplink transmission duty cycle associated with the first power class mode); transmit first user data on a first frequency band via a first set of transmitters of a plurality of transmitters of a device ([0166], At 1115, the method may include transmitting, using the first power class mode on a first transmission chain of the UE, a first subset of uplink messages associated with a first subset of the set of multiple uplink grants to satisfy the uplink transmission duty cycle for the first transmission chain during the time interval); and transmit second user data on a second frequency band via a second set of transmitters of the plurality of transmitters ([0167], At 1120, the method may include transmitting, using the first power class mode on a second transmission chain of the UE, a second subset of the uplink messages associated with a second subset of the set of multiple uplink grants to satisfy the uplink transmission duty cycle for the second transmission chain during the time interval). Kumar fails to teach the following, which in the same field of endeavor, Chisu teaches transmitting first user data in a first multi-input multi-output (MIMO) configuration based on operational characteristics of the device; and transmit in a second MIMO configuration based on the operational characteristics ([0064], Aspects of the present disclosure include a second part that addresses UL MIMO modes in device-controlled Tx chain configuration for high power modes. As an entry point, the device with multiple Tx chains that are active is in RRC-connected mode with the network. The device is operating in the UL MIMO mode with dual data layer uplink. The present disclosure provides a response with actions. The device deactivates (i.e., disables or places in LPM) lowest performing Tx chain(s) when: (i) battery level is low; (ii) no critical application is using the connection; or (iii) device is in a highly congested or faded area where there is no MIMO benefit due to radio frequency (RF) channel or backhaul conditions. RF congestion may be inferred based on monitoring for pilot pollution (i.e., strong total channel power but weak recovered energy). Backhaul congestion may be inferred based on monitoring IP packet segmentation levels relative to MTU. In one or more embodiments, the device may additionally temporarily signal to network in UE capability UL SISO support. The network responds with a downgrade from PC 1.5 to PC 2 until above conditions improve, [0071], the communication device reactivates any deactivated Tx chains when continuous TPC-UP bits are observed, the device is unable to decode TPC bits in DL, device exits single data uplink layer mode and enters dual layer UL MIMO mode). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the dual MIMO implementation based on device operation performance, as taught in Chisu, in the system of Kumar, in order to conserve battery power and ensure the device remains connected, while optimize resource usage when power levels are high. Regarding Claim 2, Kumar, as modified by Chisu, teaches the non-transitory computer-readable medium of claim 1, Kumar further teaches wherein the instructions, when executed by the one or more processors, are configured to cause the one or more processors to switch transmitting from the first frequency band to the second frequency band prior to transmitting the second user data on the second frequency band, the first set of transmitters being the same as the second set of transmitters ([0105], At 430, the UE 115-c may perform a transmission chain switching occasion in which data transmitted on the first transmission chain and data transmitted on the second transmission chain are switched for a second duration do the time interval. The UE 115-c may perform the switching occasion based on the first subset of uplink messages having a duty cycle satisfying (e.g., less than or equal to) the uplink transmission duty cycle for the first transmission chain during a first portion of the time interval). Regarding Claim 3, Kumar, as modified by Chisu, teaches the non-transitory computer-readable medium of claim 1, Chisu further teaches wherein the instructions, when executed by the one or more processors, are configured to cause the one or more processors to switch transmitting from the first frequency band to the second frequency band based on the operational characteristics being below a first threshold ([0064], Aspects of the present disclosure include a second part that addresses UL MIMO modes in device-controlled Tx chain configuration for high power modes. As an entry point, the device with multiple Tx chains that are active is in RRC-connected mode with the network. The device is operating in the UL MIMO mode with dual data layer uplink. The present disclosure provides a response with actions. The device deactivates (i.e., disables or places in LPM) lowest performing Tx chain(s) when: (i) battery level is low; (ii) no critical application is using the connection; or (iii) device is in a highly congested or faded area where there is no MIMO benefit due to radio frequency (RF) channel or backhaul conditions. RF congestion may be inferred based on monitoring for pilot pollution (i.e., strong total channel power but weak recovered energy). Backhaul congestion may be inferred based on monitoring IP packet segmentation levels relative to MTU. In one or more embodiments, the device may additionally temporarily signal to network in UE capability UL SISO support. The network responds with a downgrade from PC 1.5 to PC 2 until above conditions improve). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the dual MIMO implementation based on device operation performance, as taught in Chisu, in the system of Kumar, in order to conserve battery power and ensure the device remains connected, while optimize resource usage when power levels are high. Regarding Claim 4, Kumar, as modified by Chisu, teaches the non-transitory computer-readable medium of claim 1, Chisu further teaches wherein the instructions, when executed by the one or more processors, are configured to cause the one or more processors to concurrently transmit the first user data on the first frequency band via the first set of transmitters in the first MIMO configuration and the second user data on the second frequency band via the second set of transmitters in the second MIMO configuration based on the operational characteristics being above a first threshold ([0081], In response to determining that the TPC-UP rate is not greater than (i.e., less than or equal to) the threshold “B”, method 400 includes switching the active transmit chain between first and second Tx chains (Tx1 and Tx2) (block 410). Then method 400 returns to block 404. In response to determining that the TPC-UP rate is greater than the threshold “B” in decision block 408, method 400 includes enabling both first and second transmit chains (Tx1 and Tx2) (block 412)). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the dual MIMO implementation based on device operation performance, as taught in Chisu, in the system of Kumar, in order to conserve battery power and ensure the device remains connected, while optimize resource usage when power levels are high. Regarding Claim 5, Kumar, as modified by Chisu, teaches the non-transitory computer-readable medium of claim 1, Kumar further teaches wherein the first set of transmitters is configured to use a first pair of intra-band component carriers, and the second set of transmitters is configured to use a second pair of intra-band component carriers ([0082], the UE 115-a may be configured to prioritize transmitting uplink messages based on the type of carrier an uplink grant is associated with. For example, the uplink grant scheduling message 215 may include a first uplink grant that indicates a first resource allocation on a primary component carrier (PCC) and second uplink grant that indicates a second resource allocation on a secondary component carrier (SCC). As such, the UE 115-a may be configured to prioritize transmitting a first uplink message scheduled by the first uplink grant based on the first uplink grant being associated with a PCC, when determining which one or more grants to prune for complying with the advertised duty cycle). Regarding Claim 6, Kumar, as modified by Chisu, teaches the non-transitory computer-readable medium of claim 1, Kumar further teaches wherein the first set of transmitters is configured to use a first intra-band component carrier and the second set of transmitters is configured to use a second intra-band component carrier based on the operational characteristics being below a second threshold ([0082], the UE 115-a may be configured to prioritize transmitting uplink messages based on the type of carrier an uplink grant is associated with. For example, the uplink grant scheduling message 215 may include a first uplink grant that indicates a first resource allocation on a primary component carrier (PCC) and second uplink grant that indicates a second resource allocation on a secondary component carrier (SCC). As such, the UE 115-a may be configured to prioritize transmitting a first uplink message scheduled by the first uplink grant based on the first uplink grant being associated with a PCC, when determining which one or more grants to prune for complying with the advertised duty cycle). Regarding Claim 7, Kumar, as modified by Chisu, teaches the non-transitory computer-readable medium of claim 1, Kumar further teaches wherein the instructions when executed by the one or more processors, are configured to cause the one or more processors to receive an additional indication of an additional power class; transmit third data on the first frequency band via the first set of transmitters in a first power class 1.5 configuration based on the addition indication; and transmit fourth data on the second frequency band via the second set of transmitters in a second power class 1.5 configuration based on the additional indication ([0088], At 305, the UE 115-b may transmit to the network entity 105-b, an advertisement message indicating an uplink transmission duty cycle associated with a first PC mode of the UE 115-b (e.g., PC2 or PC1.5). In some examples, the first PC mode of the UE 115-b may correspond to a higher transmission power level compared to a second PC mode of the UE 115-b (e.g., PC3), [0092], At 325, the UE 115-b may identify an uplink BLER associated with the second PC mode. In some examples, the UE 115-b may identify the BLER based on transmitting the set of uplink signals using the second PC mode, at 320. In some examples, the UE 115-b may identify that the UL BLER associated with the second PC mode satisfies a threshold (e.g., exceeds a configured BLER threshold). In some examples, the network entity 105-b may transmit to the UE 115-b, a control signal indicating the BLER threshold, [0094], At 335, the UE 115-b may transition back from the second PC mode to the first PC mode. In some examples, the UE 115-b may determine to transition based on the distance satisfying the distance threshold, the BLER satisfying the BLER threshold, or a combination thereof). Regarding Claim 8, Kumar, as modified by Chisu, teaches the non-transitory computer-readable medium of claim 1, Chisu further teaches wherein the operational characteristics comprise an amount of data, a priority of the first user data, a priority of the second user data, a distance between the device and a base station, or a state of charge of a power source of the device ([0064], Aspects of the present disclosure include a second part that addresses UL MIMO modes in device-controlled Tx chain configuration for high power modes. As an entry point, the device with multiple Tx chains that are active is in RRC-connected mode with the network. The device is operating in the UL MIMO mode with dual data layer uplink. The present disclosure provides a response with actions. The device deactivates (i.e., disables or places in LPM) lowest performing Tx chain(s) when: (i) battery level is low; (ii) no critical application is using the connection; or (iii) device is in a highly congested or faded area where there is no MIMO benefit due to radio frequency (RF) channel or backhaul conditions. RF congestion may be inferred based on monitoring for pilot pollution (i.e., strong total channel power but weak recovered energy). Backhaul congestion may be inferred based on monitoring IP packet segmentation levels relative to MTU. In one or more embodiments, the device may additionally temporarily signal to network in UE capability UL SISO support. The network responds with a downgrade from PC 1.5 to PC 2 until above conditions improve). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the dual MIMO implementation based on device operation performance, as taught in Chisu, in the system of Kumar, in order to conserve battery power and ensure the device remains connected, while optimize resource usage when power levels are high. Regarding Claim 9, Kumar teaches a method (Fig. 11), comprising: receiving, via a receiver of a base station, a first indication of transmission capabilities of a user equipment ([0164], Fig. 11, At 1105, the method may include transmitting, to a network entity, an advertisement message indicating an uplink transmission duty cycle associated with a first power class mode of the UE, the first power class mode of the UE corresponding to a higher transmission power level than a second power class mode of the UE); transmitting, via a transmitter of the base station, a second indication of a power class and a plurality of frequency bands to the user equipment ([0165], Fig. 11, UE, At 1110, the method may include receiving, from the network entity, a set of multiple uplink grants associated with a time interval, a quantity of transmission resources scheduled by the set of multiple uplink grants during the time interval exceeding the uplink transmission duty cycle associated with the first power class mode); and sending and receiving, via the transmitter and the receiver, user data to and from the user equipment based on the first indication ([0166-0167]), the user equipment being configured to transmit first user data using a first pair of transmitters using a first frequency band of the plurality of frequency bands ([0166], At 1115, the method may include transmitting, using the first power class mode on a first transmission chain of the UE, a first subset of uplink messages associated with a first subset of the set of multiple uplink grants to satisfy the uplink transmission duty cycle for the first transmission chain during the time interval), and transmit second user data using a second pair of transmitters using a second frequency band of the plurality of frequency bands ([0167], At 1120, the method may include transmitting, using the first power class mode on a second transmission chain of the UE, a second subset of the uplink messages associated with a second subset of the set of multiple uplink grants to satisfy the uplink transmission duty cycle for the second transmission chain during the time interval), the second frequency band being different from the first frequency band ([0082], the UE 115-a may be configured to prioritize transmitting uplink messages based on the type of carrier an uplink grant is associated with. For example, the uplink grant scheduling message 215 may include a first uplink grant that indicates a first resource allocation on a primary component carrier (PCC) and second uplink grant that indicates a second resource allocation on a secondary component carrier (SCC). As such, the UE 115-a may be configured to prioritize transmitting a first uplink message scheduled by the first uplink grant based on the first uplink grant being associated with a PCC, when determining which one or more grants to prune for complying with the advertised duty cycle). Kumar fails to teach the following, which in the same field of endeavor, Chisu teaches transmitting first user data in a first multi-input multi-output (MIMO) configuration using a first frequency band of the plurality of frequency bands; and transmit in a second MIMO configuration using a second frequency band of the plurality of frequency bands ([0064], Aspects of the present disclosure include a second part that addresses UL MIMO modes in device-controlled Tx chain configuration for high power modes. As an entry point, the device with multiple Tx chains that are active is in RRC-connected mode with the network. The device is operating in the UL MIMO mode with dual data layer uplink. The present disclosure provides a response with actions. The device deactivates (i.e., disables or places in LPM) lowest performing Tx chain(s) when: (i) battery level is low; (ii) no critical application is using the connection; or (iii) device is in a highly congested or faded area where there is no MIMO benefit due to radio frequency (RF) channel or backhaul conditions. RF congestion may be inferred based on monitoring for pilot pollution (i.e., strong total channel power but weak recovered energy). Backhaul congestion may be inferred based on monitoring IP packet segmentation levels relative to MTU. In one or more embodiments, the device may additionally temporarily signal to network in UE capability UL SISO support. The network responds with a downgrade from PC 1.5 to PC 2 until above conditions improve, [0071], the communication device reactivates any deactivated Tx chains when continuous TPC-UP bits are observed, the device is unable to decode TPC bits in DL, device exits single data uplink layer mode and enters dual layer UL MIMO mode). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the dual MIMO implementation switching between frequency bands, as taught in Chisu, in the system of Kumar, in order to conserve battery power and ensure the device remains connected, while optimize resource usage when power levels are high. Regarding Claim 10, Kumar, as modified by Chisu, teaches the method of claim 9, Kumar further teaches determining, via processing circuitry of the base station, the power class and the plurality of frequency bands based on the first indication of the transmission capabilities of the user equipment ([0164-0165], Fig. 11, At 1105, the method may include transmitting, to a network entity, an advertisement message indicating an uplink transmission duty cycle associated with a first power class mode of the UE, the first power class mode of the UE corresponding to a higher transmission power level than a second power class mode of the UE, At 1110, the method may include receiving, from the network entity, a set of multiple uplink grants associated with a time interval, a quantity of transmission resources scheduled by the set of multiple uplink grants during the time interval exceeding the uplink transmission duty cycle associated with the first power class mode). Regarding Claim 11, Kumar, as modified by Chisu, teaches the method of claim 10, Kumar further teaches wherein the user equipment is configured to transmit third user data using the first pair of transmitters using a first power class 1.5 configuration based on the second indication, and transmit fourth user data using the second pair of transmitters using a second power class 1.5 configuration based on the second indication ([0088], At 305, the UE 115-b may transmit to the network entity 105-b, an advertisement message indicating an uplink transmission duty cycle associated with a first PC mode of the UE 115-b (e.g., PC2 or PC1.5). In some examples, the first PC mode of the UE 115-b may correspond to a higher transmission power level compared to a second PC mode of the UE 115-b (e.g., PC3), [0092], At 325, the UE 115-b may identify an uplink BLER associated with the second PC mode. In some examples, the UE 115-b may identify the BLER based on transmitting the set of uplink signals using the second PC mode, at 320. In some examples, the UE 115-b may identify that the UL BLER associated with the second PC mode satisfies a threshold (e.g., exceeds a configured BLER threshold). In some examples, the network entity 105-b may transmit to the UE 115-b, a control signal indicating the BLER threshold, [0094], At 335, the UE 115-b may transition back from the second PC mode to the first PC mode. In some examples, the UE 115-b may determine to transition based on the distance satisfying the distance threshold, the BLER satisfying the BLER threshold, or a combination thereof). Regarding Claim 12, Kumar, as modified by Chisu, teaches the method of claim 11, Kumar further teaches receiving, via the receiver, the first user data, the second user data, the third user data, and the fourth user data ([0065], network entities 105 or the UEs 115 may use MIMO communications to exploit multipath signal propagation and increase spectral efficiency by transmitting or receiving multiple signals via different spatial layers. Such techniques may be referred to as spatial multiplexing. The multiple signals may, for example, be transmitted by the transmitting device via different antennas or different combinations of antennas. Likewise, the multiple signals may be received by the receiving device via different antennas or different combinations of antennas. Each of the multiple signals may be referred to as a separate spatial stream and may carry information associated with the same data stream (e.g., the same codeword) or different data streams (e.g., different codewords). Different spatial layers may be associated with different antenna ports used for channel measurement and reporting. MIMO techniques include single-user MIMO (SU-MIMO), for which multiple spatial layers are transmitted to the same receiving device, and multiple-user MIMO (MU-MIMO), for which multiple spatial layers are transmitted to multiple devices). Regarding Claim 13, Kumar teaches a user equipment, comprising: at least one antenna; at least one transmitter respectively coupled to the at least one antenna ([0064], a UE 115 may be equipped with multiple antennas, which may be used to employ techniques such as transmit diversity, receive diversity, multiple-input multiple-output (MIMO) communications, or beamforming); and processing circuitry coupled to the at least one transmitter ([0198-0199]) and configured to operate the at least one transmitter in a multi-in multi-out (MIMO) configuration ([0065], network entities 105 or the UEs 115 may use MIMO communications to exploit multipath signal propagation and increase spectral efficiency by transmitting or receiving multiple signals via different spatial layers. Such techniques may be referred to as spatial multiplexing. The multiple signals may, for example, be transmitted by the transmitting device via different antennas or different combinations of antennas. Likewise, the multiple signals may be received by the receiving device via different antennas or different combinations of antennas. Each of the multiple signals may be referred to as a separate spatial stream and may carry information associated with the same data stream (e.g., the same codeword) or different data streams (e.g., different codewords). Different spatial layers may be associated with different antenna ports used for channel measurement and reporting. MIMO techniques include single-user MIMO (SU-MIMO), for which multiple spatial layers are transmitted to the same receiving device, and multiple-user MIMO (MU-MIMO), for which multiple spatial layers are transmitted to multiple devices); transmit first data via a first antenna of the at least one antenna on a first frequency band, transmit second data via a second antenna of the at least one antenna on the first frequency band ([0084], the UE 115-a may support MIMO transmissions. For example, the UE 115-a may include an antenna array 220, which may include one or more antenna elements 225. In some examples, each antenna element 225 may be configured to communicate data concurrently on respective transmission chains 240, where each transmission chain 240 may be associated with respective analog and digital components of the UE 115-a used for generating and communicating data with the network entity 105-a. In some cases, the UE 115-a may be configured with an antenna switching scheme 235, in which a first stream of data is switched from communication on a first antenna element 225 to communication on a second antenna element 225. For example, TDD stand-alone (SA) bands may support and advertise configuration for sounding reference signal (SRS) switching (e.g., for a two transmitter/four receiver (2T4R) antenna configuration)), transmit third data via a third antenna of the at least one antenna on a second frequency band, and transmit fourth data via a fourth antenna of the at least one antenna on the second frequency band ([0085], each transmission chain 240 may have a respective advertised uplink duty cycle (e.g., indicated in the uplink duty cycle indication 205). As such, if the duty cycle associated with the uplink grant scheduling message 215 exceeds the advertised duty cycle for a first transmission chain 240, the UE 115-a may switch to a second transmission chain 240 and continue uplink transmissions at PC2 or PC1.5. For example, as illustrated in FIG. 2, the UE 115-a may perform a first portion of the uplink message transmission 230 using transmission chain 240-a, where the UE 115-a may transmit a first portion of PUSCH transmissions 245 associated with a first subset of uplink grants from the set of uplink grants scheduled at the UE 115-a. In some examples, the UE 115-a may concurrently transmit SRS transmissions 250 on transmission chain 240-b. Based on the PUSCH transmissions 245 occurring more frequently than the SRS transmissions 250, the duty cycle associated with transmission chain 240-a may be greater than the duty cycle associated with transmission chain 240-b. As such, during the uplink message transmission 230, the UE 115-a may perform a chain switch 255 in which the remaining portion of PUSCH transmission 245 associated with the remaining portion of uplink grants may be transmitted via transmission chain 240-b. That is, once the duty cycle for a first transmission chain exceeds the advertised uplink duty cycle of the first transmission chain 240, the UE 115-a may switch transmission to a second transmission chain 240 that is configured for non-SRS transmissions). Kumar fails to teach the following, which in the same field of endeavor, Chisu teaches operate the at least one transmitter in a double multi-in multi-out (MIMO) configuration based on operational characteristics of the user equipment being above a threshold ([0064], Aspects of the present disclosure include a second part that addresses UL MIMO modes in device-controlled Tx chain configuration for high power modes. As an entry point, the device with multiple Tx chains that are active is in RRC-connected mode with the network. The device is operating in the UL MIMO mode with dual data layer uplink. The present disclosure provides a response with actions. The device deactivates (i.e., disables or places in LPM) lowest performing Tx chain(s) when: (i) battery level is low; (ii) no critical application is using the connection; or (iii) device is in a highly congested or faded area where there is no MIMO benefit due to radio frequency (RF) channel or backhaul conditions. RF congestion may be inferred based on monitoring for pilot pollution (i.e., strong total channel power but weak recovered energy). Backhaul congestion may be inferred based on monitoring IP packet segmentation levels relative to MTU. In one or more embodiments, the device may additionally temporarily signal to network in UE capability UL SISO support. The network responds with a downgrade from PC 1.5 to PC 2 until above conditions improve, [0071], the communication device reactivates any deactivated Tx chains when continuous TPC-UP bits are observed, the device is unable to decode TPC bits in DL, device exits single data uplink layer mode and enters dual layer UL MIMO mode), It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the dual MIMO implementation based on device operation performance, as taught in Chisu, in the system of Kumar, in order to conserve battery power and ensure the device remains connected, while optimize resource usage when power levels are high. Regarding Claim 14, Kumar, as modified by Chisu, teaches the user equipment of claim 13, Kumar further teaches wherein each of the at least one antenna uses one intra-band component carrier based on the operational characteristics being below an additional threshold ([0082], the UE 115-a may be configured to prioritize transmitting uplink messages based on the type of carrier an uplink grant is associated with. For example, the uplink grant scheduling message 215 may include a first uplink grant that indicates a first resource allocation on a primary component carrier (PCC) and second uplink grant that indicates a second resource allocation on a secondary component carrier (SCC). As such, the UE 115-a may be configured to prioritize transmitting a first uplink message scheduled by the first uplink grant based on the first uplink grant being associated with a PCC, when determining which one or more grants to prune for complying with the advertised duty cycle). Regarding Claim 15, Kumar, as modified by Chisu, teaches the user equipment of claim 13, Kumar further teaches wherein each of the at least one antenna uses two intra-band component carriers based on the operational characteristics being above an additional threshold ([0048], UE 115 may be configured with multiple downlink component carriers and one or more uplink component carriers according to a carrier aggregation configuration). Regarding Claim 16, Kumar, as modified by Chisu, teaches the user equipment of claim 13, Chisu further teaches wherein the processing circuitry is configured to operate the first antenna and the second antenna in the double MIMO configuration with switching based on operational characteristics of the user equipment being below the threshold, ([0064], Aspects of the present disclosure include a second part that addresses UL MIMO modes in device-controlled Tx chain configuration for high power modes. As an entry point, the device with multiple Tx chains that are active is in RRC-connected mode with the network. The device is operating in the UL MIMO mode with dual data layer uplink. The present disclosure provides a response with actions. The device deactivates (i.e., disables or places in LPM) lowest performing Tx chain(s) when: (i) battery level is low; (ii) no critical application is using the connection; or (iii) device is in a highly congested or faded area where there is no MIMO benefit due to radio frequency (RF) channel or backhaul conditions. RF congestion may be inferred based on monitoring for pilot pollution (i.e., strong total channel power but weak recovered energy). Backhaul congestion may be inferred based on monitoring IP packet segmentation levels relative to MTU. In one or more embodiments, the device may additionally temporarily signal to network in UE capability UL SISO support. The network responds with a downgrade from PC 1.5 to PC 2 until above conditions improve) transmit fifth data via the first antenna on the first frequency band, transmit sixth data via the second antenna the first frequency band, switch transmitting from the first frequency band to the second frequency band, transmit seventh data via the first antenna on the second frequency band, and transmit eighth data via the second antenna on the second frequency band ([0081], In response to determining that the TPC-UP rate is not greater than (i.e., less than or equal to) the threshold “B”, method 400 includes switching the active transmit chain between first and second Tx chains (Tx1 and Tx2) (block 410). Then method 400 returns to block 404. In response to determining that the TPC-UP rate is greater than the threshold “B” in decision block 408, method 400 includes enabling both first and second transmit chains (Tx1 and Tx2) (block 412)). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the dual MIMO implementation based on device operation performance, as taught in Chisu, in the system of Kumar, in order to conserve battery power and ensure the device remains connected, while optimize resource usage when power levels are high. Regarding Claim 17, Kumar, as modified by Chisu, teaches the user equipment of claim 13, Kumar further teaches at least one receiver respectively coupled to the at least one antenna; and the processing circuitry coupled to the at least one receiver and configured to receive an indication of a power class supported by a base station ([0164-0165], Fig. 11, At 1105, the method may include transmitting, to a network entity, an advertisement message indicating an uplink transmission duty cycle associated with a first power class mode of the UE, the first power class mode of the UE corresponding to a higher transmission power level than a second power class mode of the UE, At 1110, the method may include receiving, from the network entity, a set of multiple uplink grants associated with a time interval, a quantity of transmission resources scheduled by the set of multiple uplink grants during the time interval exceeding the uplink transmission duty cycle associated with the first power class mode), operate the at least one transmitter in a power class 1.5 (PC1.5) configuration based on the indication, transmit fifth data via the first antenna and the second antenna on the first frequency band, and transmit sixth data via the third antenna and the fourth antenna on the second frequency band ([0084], the UE 115-a may support MIMO transmissions. For example, the UE 115-a may include an antenna array 220, which may include one or more antenna elements 225. In some examples, each antenna element 225 may be configured to communicate data concurrently on respective transmission chains 240, where each transmission chain 240 may be associated with respective analog and digital components of the UE 115-a used for generating and communicating data with the network entity 105-a. In some cases, the UE 115-a may be configured with an antenna switching scheme 235, in which a first stream of data is switched from communication on a first antenna element 225 to communication on a second antenna element 225. For example, TDD stand-alone (SA) bands may support and advertise configuration for sounding reference signal (SRS) switching (e.g., for a two transmitter/four receiver (2T4R) antenna configuration)). Regarding Claim 18, Kumar, as modified by Chisu, teaches the user equipment of claim 17, Chisu further teaches wherein the processing circuitry is configured to operate the at least one transmitter in a MIMO configuration and the PC1.5 configuration based on the indication, transmit seventh data and eight data via the first antenna and the second antenna on the first frequency band in the MIMO configuration, and transmit ninth data via the third antenna and the fourth antenna on the second frequency band in the PC1.5 configuration ([0064], Aspects of the present disclosure include a second part that addresses UL MIMO modes in device-controlled Tx chain configuration for high power modes. As an entry point, the device with multiple Tx chains that are active is in RRC-connected mode with the network. The device is operating in the UL MIMO mode with dual data layer uplink. The present disclosure provides a response with actions. The device deactivates (i.e., disables or places in LPM) lowest performing Tx chain(s) when: (i) battery level is low; (ii) no critical application is using the connection; or (iii) device is in a highly congested or faded area where there is no MIMO benefit due to radio frequency (RF) channel or backhaul conditions. RF congestion may be inferred based on monitoring for pilot pollution (i.e., strong total channel power but weak recovered energy). Backhaul congestion may be inferred based on monitoring IP packet segmentation levels relative to MTU. In one or more embodiments, the device may additionally temporarily signal to network in UE capability UL SISO support. The network responds with a downgrade from PC 1.5 to PC 2 until above conditions improve, [0071], the communication device reactivates any deactivated Tx chains when continuous TPC-UP bits are observed, the device is unable to decode TPC bits in DL, device exits single data uplink layer mode and enters dual layer UL MIMO mode). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the dual MIMO implementation based on device operation performance, as taught in Chisu, in the system of Kumar, in order to conserve battery power and ensure the device remains connected, while optimize resource usage when power levels are high. Regarding Claim 20, Kumar, as modified by Chisu, teaches the user equipment of claim 13, Chisu further teaches wherein the operational characteristics comprise an amount of data, a priority of the data, a distance between the user equipment and a base station, or a state of charge of a power source of the user equipment ([0064], Aspects of the present disclosure include a second part that addresses UL MIMO modes in device-controlled Tx chain configuration for high power modes. As an entry point, the device with multiple Tx chains that are active is in RRC-connected mode with the network. The device is operating in the UL MIMO mode with dual data layer uplink. The present disclosure provides a response with actions. The device deactivates (i.e., disables or places in LPM) lowest performing Tx chain(s) when: (i) battery level is low; (ii) no critical application is using the connection; or (iii) device is in a highly congested or faded area where there is no MIMO benefit due to radio frequency (RF) channel or backhaul conditions. RF congestion may be inferred based on monitoring for pilot pollution (i.e., strong total channel power but weak recovered energy). Backhaul congestion may be inferred based on monitoring IP packet segmentation levels relative to MTU. In one or more embodiments, the device may additionally temporarily signal to network in UE capability UL SISO support. The network responds with a downgrade from PC 1.5 to PC 2 until above conditions improve). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the dual MIMO implementation based on device operation performance, as taught in Chisu, in the system of Kumar, in order to conserve battery power and ensure the device remains connected, while optimize resource usage when power levels are high. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kumar et al (US 2024/0205837), in view of Chisu et al (US 2024/0146367), and further in view of Kim et al (US 2021/0296758). Regarding Claim 19, Kumar, modified by Chisu, teaches the user equipment of claim 13, except the following, which in the same field of endeavor, Kim teaches a first local oscillator coupled to a first transmitter of the at least one transmitter and a second transmitter of the at least one transmitter and configured to facilitate generating a first radio frequency (RF) signal by generating a first signal to modulate the first data and the second data in the first frequency band; and a second local oscillator coupled to a third transmitter of the at least one transmitter and a fourth transmitter of the at least one transmitter and configured to facilitate generating a second RF signal by generating a second signal to modulate the third data and the fourth data in the second frequency band ([00275-0276] local oscillators of first and second transmitter circuits). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate individual local oscillators for each transmitter circuit, as taught in Kim, in the system of Kumar and Chisu, in order to more efficiently and accurately perform carrier aggregation across frequency bands. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kwok (US 2023/0370317) discloses the centralized uplink technology controller implements intelligence in the form of a decision tree. The decision tree first assesses capabilities and then evaluates the possible uplink technologies based on RF conditions. In some instances, a wireless device 510 may be incapable of supporting multiple technologies. For example, the wireless device 510 may not support 2×2 MIMO. In this instance, the centralized uplink technology controller of the access node 520 determines which waveform switching technology maximizes throughput for the wireless device 510, e.g., based on RF parameters and/or wireless device location. For example, the centralized uplink technology controller of the access node 520 may evaluate CP-OFDM and DFT-s-OFDM for the device. While CP-OFDM provides more spectral efficiency, the centralized uplink technology controller will estimate the maximum throughput for the two technologies. In the cell center, the centralized uplink technology controller may instruct the wireless device to utilize CP-OFDM because of high spectral efficiency. In selecting between uplink CA and MIMO, the centralized uplink technology controller of the access node 520 may calculate maximum throughput that can be achieved using each technology. While MIMO improves data rates through smart antenna technology, carrier aggregation makes the best use of available frequency carriers. ([0072]) Cheng (US 2013/0156080) discloses the antenna deployment manager 135 is configured to perform antenna deployment switching based on receive signal conditions of the antennas, such as using Receive Signal Strength Indicator (RSSI) detection. RSSI is a measurement of the power present in a received radio signal. This can be done to improve diversity or MIMO performance. This can also be done to improve SAR. In one embodiment, the user device may use four antennas on each side of the user device, such as tablet computer. When an antenna is close to the human body part, such as the hand, performance of the antenna may be impacted. The antennas performance may be determined by monitoring the RSSI of each of the antennas. If the Tx antenna is arranged to a human body part, the effects of SAR may increase too, possibly failing to comply with SAR requirements. The antenna deployment manager 135 can switch the Tx paths between the four antennas based on RSSI monitoring. If the RSSI of the current Tx antenna drops below a defined threshold, the antenna deployment manager 135 can switch the Tx path to the antenna which has the best RSSI. For HSPA+ diversity or MIMO, switching the Tx path to the antenna with the best RSSI and switching the diversity antenna or a second MIMO antenna to the antennas with the second best RSSI. In another embodiment, the antenna deployment manager 135 can use the receive signal condition to effectively determine an orientation of the user device, and to the Tx antenna to be one of the four antennas with the best receive signal condition, regardless of its current position for the current orientation. ([0030]) Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET G WEBB whose telephone number is (571)270-7803. The examiner can normally be reached M-F 9:00-6:00 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, Charles Appiah can be reached at (571) 272-7904. 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. /MARGARET G WEBB/Primary Examiner, Art Unit 2641
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Prosecution Timeline

Jan 25, 2024
Application Filed
Nov 14, 2024
Response after Non-Final Action
Jan 24, 2026
Non-Final Rejection — §103 (current)

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1-2
Expected OA Rounds
80%
Grant Probability
88%
With Interview (+8.0%)
2y 7m
Median Time to Grant
Low
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