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 .
Election/Restrictions
Applicant’s election without traverse of election of Species/Group 1 (Claims 1-12, corresponding to FIG. 1), in the reply filed on 05/21/2026 is acknowledged.
Accordingly, Claims 1-12 are pending in the application and Claims 13-20 should be canceled.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 4-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by POLAGANGA et al. (US 20260107205 A1), hereinafter POLAGANGA.
Regarding Claim 1, POLAGANGA teaches a system (FIG. 6, ¶0044-0046, system configuration/computing environment/ ”system”; see also Figs 4-5), comprising:
a processor (POLAGANGA, FIG. 6; processor 614); and a memory that stores executable instructions (POLAGANGA, FIG. 6; memory 612) that, when executed by the processor, facilitate performance of operations (POLAGANGA, FIG. 5, ¶0042 method at 500, and steps cited herein), the operations comprising:
obtaining input data comprising user equipment state data representative of a state of a user equipment, primary cell data associated with a primary cell, and secondary cell data associated with a secondary cell (POLAGANGA, ¶0017; FIG. 5, ¶0041; ¶0042 a method of dynamic VoNR switching in NRCA [new radio carrier aggregation] operations [(steps 502-508) where] a UE is involved in a VoNR [voice over new radio] call using a primary cell; FIG. 5, ¶0042, at 502, measuring radio quality for a VoNR call on a primary cell [and] at 504, a comparison between the measured radio quality on at least one configured secondary cell is made using at least one operator defined radio condition);
obtaining, based on the input data, output data corresponding to voice quality data representative of a voice quality (POLAGANGA, ¶0017, [d]uring the VoNR call radio quality is measured with respect to an operator defined threshold; [and] FIG. 5, ¶0042, at 504, a comparison between the measured radio quality on at least one configured secondary cell is made using at least one operator defined radio condition. At 506, the method continues with determining that the at least one configured secondary cell exceeds at least one operator defined radio condition; see also ¶0040, as the VoNR call proceeds the radio quality of the call degrades to the point that the predefined operator thresholds for poor voice quality are exceeded. The poor voice quality may also reflect poor radio quality. The predefined operator threshold metrics may also use packet loss, decline in bit rate, and internet packet loss measurements) and
determining, based on the output data, an operating state of carrier aggregation with respect to the user equipment (POLAGANGA, FIG. 4, ¶0040 dynamic VoNR switching in an UL NRCA scenario; FIG. 1; FIG. 5, ¶0041, the dynamic VoNR switch 107 acts as soon as the predefined operator thresholds for poor radio quality are exceeded;¶0042, based on the determining, at 508, the VoNR call is transferred from the primary cell to the at least one configured secondary cell); see also ¶0034 The dynamic VoNR switch 107 works in conjunction with one or both of the RRC layer 125 and the MAC layer 128 to activate, deactivate, and/or reconfigure the current serving cell relationship configuration).
Regarding Claim 4, POLAGANGA teaches Claim 1.
POLAGANGA further teaches the user equipment state data comprises at least one of:
user equipment reference signal received power [RSRP] data representative of a first reference signal received power of the user equipment measured with respect to the primary cell, user equipment reference signal received power data representative of a second reference signal received power of the user equipment measured with respect to the secondary cell,
user equipment signal-plus-interference-to-noise ratio [SINR] data representative of a first signal-plus-interference-to-noise ratio associated with the user equipment measured with respect to the primary cell, user equipment signal-plus-interference-to-noise ratio data representative of a second signal-plus-interference-to-noise ratio associated with the user equipment measured with respect to the secondary cell, or
user equipment power headroom data representative of a power headroom [PHR] associated with the user equipment (POLAGANGA, ¶0038, a VoNR voice call is ongoing and active with both UL NRCA and DL NRCA and poor audio quality is observed, nothing is done and the UE waits until the radio quality is worse than an operator defined threshold. Radio quality may be measured by received signal received power (RSRP), reference signal received quality (RSRQ), or signal to interference and noise (SINR). . .[and] only after the radio quality degrades below the operator defined threshold is any action taken; see also ¶0039, [[n]Network operators may use predetermined thresholds to determine poor audio quality and may use RSRP, RSRQ, SINR, as well as time-based or duration RF quality or other metrics, such as mean opinion score (MOS); ¶0043, [s]ignal quality and bandwidth may be measured using at least one of: RSRP, RSRQ, SINR, and MOP, however, other measurements may also be used).
Regarding Claim 5, POLAGANGA teaches Claim 1.
POLAGANGA further teaches the primary cell data associated with the primary cell comprises at least one of: cell load data representative of a cell load on the primary cell, or frequency band data representative of a frequency band used by the primary cell (POLAGANGA, ¶0043, the bandwidth of both the primary and secondary cells may also be taken into account).
Regarding Claim 6, POLAGANGA teaches Claim 1.
POLAGANGA further teaches the secondary cell data associated with the secondary cell comprises at least one of: cell load data on the secondary cell, or frequency band data of the secondary cell (POLAGANGA, ¶0043, configured secondary cell may be the same frequency in both uplink and downlink; the bandwidth of both the primary and secondary cells may also be taken into account).
Regarding Claim 7, POLAGANGA teaches Claim 1.
POLAGANGA further teaches the user equipment is operating with carrier aggregation and is preparing to use voice service (POLAGANGA, FIG. 4, ¶0039, the embodiments discussed herein operate when a VoNR call is ongoing with active UL NRCA and DL NRCA; ¶0040 dynamic VoNR switching in an UL NRCA scenario. UE 402 has an ongoing VoNR call with a primary cell [and] UE 402 is in an ongoing VoNR call with UL NRCA 404a and 404c and DL NRCA 404b and 404d), wherein the output data corresponds to voice quality data that does not satisfy a defined voice quality threshold value (POLAGANGA, ¶0038, [o]nly after the radio quality degrades below the operator defined threshold is any action taken; ¶0039, . Network operators may use predetermined thresholds to determine poor audio quality), and
wherein the determining of the operating state of the carrier aggregation with respect to the user equipment comprises taking an action to release the carrier aggregation with respect to the user equipment (POLAGANGA, ¶0033, secondary cell coverage is added and activated or deactivated [“released”] by MAC layer 128 in response to signaling from RRC layer 125; ¶0034 the dynamic VoNR switch 107; [t]he dynamic VoNR switch 107 works in conjunction with one or both of the RRC layer 125 and the MAC layer 128 to activate, deactivate, and/or reconfigure the current serving cell relationship configuration).
Regarding Claim 8, POLAGANGA teaches Claim 1.
POLAGANGA further teaches the user equipment is operating with carrier aggregation and is preparing to use voice service (POLAGANGA, FIG. 4, ¶0039, the embodiments discussed herein operate when a VoNR call is ongoing with active UL NRCA and DL NRCA; ¶0040 dynamic VoNR switching in an UL NRCA scenario. UE 402 has an ongoing VoNR call with a primary cell [and] UE 402 is in an ongoing VoNR call with UL NRCA 404a and 404c and DL NRCA 404b and 404d), wherein the output data corresponds to voice quality data that satisfies a defined voice quality threshold value (POLAGANGA, ¶0038, [o]nly after the radio quality degrades below the operator defined threshold is any action taken; ¶0039, . Network operators may use predetermined thresholds to determine poor audio quality); FIG. 5, ¶0042, at 502, measuring radio quality for a VoNR call on a primary cell [and] at 504, a comparison between the measured radio quality on at least one configured secondary cell is made using at least one operator defined radio condition), and
wherein the determining of the operating state of the carrier aggregation with respect to the user equipment comprises allowing the carrier aggregation to continue with respect to the user equipment (POLAGANGA, ¶0033, secondary cell coverage is added and activated or deactivated [“released”] by MAC layer 128 in response to signaling from RRC layer 125; ¶0034 the dynamic VoNR switch 107; [t]he dynamic VoNR switch 107 works in conjunction with one or both of the RRC layer 125 and the MAC layer 128 to activate, deactivate, and/or reconfigure the current serving cell relationship configuration).
Regarding Claim 9, POLAGANGA teaches Claim 1.
POLAGANGA further teaches the user equipment is operating with voice service and is configurable to use carrier aggregation (POLAGANGA, ¶0036, UE 201 is located within the geographic area of primary serving cell 210-1 and is configured to use UL and DL carrier aggregation [and] FIG. 4, ¶0039, the embodiments discussed herein operate when a VoNR call is ongoing with active UL NRCA and DL NRCA), wherein the output data corresponds to voice quality data that satisfies a defined voice quality threshold value (POLAGANGA, , ¶0039 [d]uring the call poor audio quality is observed; [and] metrics, such as mean opinion score (MOS) in making the determination. [which] is a numerical measure of the human-judged overall quality of a voice or video session; network operators may use predetermined thresholds to determine poor audio quality), and
wherein the determining of the operating state of the carrier aggregation with respect to the user equipment comprises taking an action to activate the carrier aggregation with respect to the user equipment (POLAGANGA, ¶0033, secondary cell coverage is added and activated or deactivated by MAC layer 128 in response to signaling from RRC layer 125; FIG.4, dynamic VoNR switching in an UL NRCA scenario; ¶0034 the dynamic VoNR switch 107; [t]he dynamic VoNR switch 107 works in conjunction with one or both of the RRC layer 125 and the MAC layer 128 to activate, deactivate, and/or reconfigure the current serving cell relationship configuration).
Regarding Claim 10, POLAGANGA teaches Claim 1.
POLAGANGA further teaches the user equipment is operating with voice service and is configurable to use carrier aggregation (POLAGANGA, FIG. 4, ¶0039, the embodiments discussed herein operate when a VoNR call is ongoing with active UL NRCA and DL NRCA; ¶0040 dynamic VoNR switching in an UL NRCA scenario. UE 402 has an ongoing VoNR call with a primary cell [and] UE 402 is in an ongoing VoNR call with UL NRCA 404a and 404c and DL NRCA 404b and 404d),
wherein the output data corresponds to voice quality data that does not satisfy a defined voice quality threshold value ((POLAGANGA, ¶0038, [o]nly after the radio quality degrades below the operator defined threshold is any action taken; ¶0039, . .Network operators may use predetermined thresholds to determine poor audio quality), and
wherein the determining of the operating state of the carrier aggregation with respect to the user equipment comprises bypassing configuring the carrier aggregation with respect to the user equipment (POLAGANGA, ¶0033, secondary cell coverage is added and activated or deactivated [“bypassed”] by MAC layer 128 in response to signaling from RRC layer 125; ¶0034 the dynamic VoNR switch 107; [t]he dynamic VoNR switch 107 works in conjunction with one or both of the RRC layer 125 and the MAC layer 128 to activate, deactivate, and/or reconfigure the current serving cell relationship configuration).
Regarding Claim 11, POLAGANGA teaches Claim 1.
POLAGANGA further teaches the user equipment is operating with carrier aggregation and voice service ((POLAGANGA, FIG. 4, ¶0039, the embodiments discussed herein operate when a VoNR call is ongoing with active UL NRCA and DL NRCA; ¶0040 dynamic VoNR switching in an UL NRCA scenario. UE 402 has an ongoing VoNR call with a primary cell [and] UE 402 is in an ongoing VoNR call with UL NRCA 404a and 404c and DL NRCA 404b and 404d),
wherein the output data is first output data corresponding to first voice quality data (POLAGANGA, ¶0039 [d]uring the call poor audio quality is observed; [and] metrics, such as mean opinion score (MOS) in making the determination. [which] is a numerical measure of the human-judged overall quality of a voice or video session; network operators may use predetermined thresholds to determine poor audio quality), and
wherein the operations further comprise monitoring second output data corresponding to second voice quality data to determine whether the user equipment is to continue operating with the carrier aggregation and the voice service (POLAGANGA, FIG. 5, ¶0042 the radio quality is determined with respect to an operator defined threshold and is based on monitoring the VoNR call for a predetermined time duration; [and] ¶0043 [a]ll measurements of the radio quality of the VoNR call may be determined over a predetermined period of time), and in response to the monitoring of the second output data determining that the user equipment is not to continue operating with the carrier aggregation and the voice service (POLAGANGA ¶0040, as the VoNR call proceeds the radio quality of the call degrades to the point that the predefined operator thresholds for poor voice quality are exceeded), taking an action to release the carrier aggregation ((POLAGANGA, ¶0033, secondary cell coverage is added and activated or deactivated (“release”) by MAC layer 128 in response to signaling from RRC layer 125; FIG.4, dynamic VoNR switching in an UL NRCA scenario; ¶0034 the dynamic VoNR switch 107; [t]he dynamic VoNR switch 107 works in conjunction with one or both of the RRC layer 125 and the MAC layer 128 to activate, deactivate (“release”), and/or reconfigure the current serving cell relationship configuration).
Regarding Claim 12, POLAGANGA teaches Claim 1.
POLAGANGA further teaches the user equipment is operating with voice service and not operating with carrier aggregation (POLAGANGA, ¶0019 voice and GBR applications, are established using a primary cell only, [examiner interprets to correspond to NRCA is inactive/”not operating”] [and] ¶0019 cont., subsequent secondary cells may be added for both UL and DL using UL NRCA and DL NRCA),
wherein the output data is first output data corresponding to first voice quality data representative of a first voice quality (POLAGANGA, ¶0039 [d]uring the call poor audio quality is observed; [and] metrics, such as mean opinion score (MOS) in making the determination. [which] is a numerical measure of the human-judged overall quality of a voice or video session; network operators may use predetermined thresholds to determine poor audio quality), and
wherein the operations further comprise monitoring second output data corresponding to second voice quality data representative of a second voice quality to determine whether the user equipment is allowed to operate with the carrier aggregation in conjunction with the voice service (POLAGANGA, ¶0017, [d]uring the VoNR call radio quality is measured with respect to an operator defined threshold; [and] FIG. 5, ¶0042, at 504, a comparison between the measured radio quality on at least one configured secondary cell is made using at least one operator defined radio condition. At 506, the method continues with determining that the at least one configured secondary cell exceeds at least one operator defined radio condition).
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.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over hereinafter POLAGANGA, as applied to Claims 1, and 4-12 herein, in view of PIETRASKI et al. (US 20240012087 A1), hereinafter PIETRASKI.
Regarding Claim 2, POLAGANGA teaches Claim 1.
POLAGANGA further teaches indicating that carrier aggregation used in conjunction with voice service is likely to result in acceptable voice quality (POLAGANGA, FIG. 4; ¶0039, [t]he embodiments discussed herein operate when a VoNR call is ongoing with active UL NRCA and DL NRCA [and] Immediately the VoNR call is switched to one of the secondary cells with good RF conditions/ “acceptable voice quality”; ¶0040, UE 402 is in an ongoing VoNR call with UL NRCA 404a and 404c and DL NRCA 404b and 404d),or indicating that the carrier aggregation used in conjunction with the voice service is likely to result in unacceptable voice quality (POLAGANGA, ¶0039 During the call poor audio quality is observed [and] network operators may use predetermined thresholds to determine poor audio quality and may use RSRP, RSRQ, SINR, as well as time-based or duration RF quality or other metrics, such as mean opinion score (MOS) in making the determination [and] MOS is a numerical measure of the human-judged overall quality of a voice or video session).
POLAGANGA does not explicitly teach the obtaining, based on the input data, the output data corresponding to the voice quality data comprises inputting the input data into a binary classifier that outputs a first value . . . or a second value . . .
However, in the analogous art, PIETRASKI explicitly discloses the obtaining, based on the input data, the output data corresponding to the voice quality data comprises inputting the input data into a binary classifier that outputs a first value, or a second value (PIETRASKI ¶0125, the neural network discussed below may be, or may include . . .a binary spoofing detector classifier [and] FIG. 6, classifier implementation; FIG. 11, ¶0195, [t]he receiver may perform spoof detection based at least in part on (i) inputting the samples and one or more channel characteristics/”input data” to a neural network formed using a trained neural network model, [and] at 1104 a receiver (WTRU/base station) [and] (ii) obtaining a predicted value output/”output data” from the neural network).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine POLAGANGA’s system and method for dynamic VoNR switching in NRCA scenarios with PIETRASKI’s use of a trained neural network model. The motivation would be to improve performance and robustness to interference [PIETRASKI, ¶0145; ¶0153].
Regarding Claim 3, POLAGANGA teaches Claim 1.
POLAGANGA further teaches [determining] whether voice quality metric data satisfies a defined threshold value (POLAGANGA ¶0039, [n]etwork operators may use predetermined thresholds to determine poor audio quality . . . and may use RSRP, RSRQ, SINR, as well as time-based or duration RF quality or other metrics, such as mean opinion score (MOS) in making the determination [and] MOS is a numerical measure of the human-judged overall quality of a voice or video session), the voice quality metric data based on at least one of: packet delay data representative of a packet delay, packet jitter data representative of packet jitter, or packet loss data representative of packet loss (POLAGANGA, FIG. 4, ¶0040 [t]he predefined operator threshold metrics may also use packet loss, decline in bit rate, and internet packet loss measurements).
POLAGANGA does not explicitly teach training the binary classifier.
However, in the analogous art, PI discloses training the binary classifier (PIETRASKI, Abstract; ¶0125, the neural network discussed below may be or may include . . .a binary spoofing detector classifier; FIG. 11, ¶0195 i) inputting the samples and the channel characteristics as inputs to a neural network formed using a trained neural network model).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine POLAGANGA’s system and method for dynamic VoNR switching in NRCA scenarios with PIETRASKI’s use of a trained neural network model. The motivation would be to improve performance and robustness to interference [PIETRASKI, ¶0145; ¶0153].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
PIETRASKI et al. (US 20240064172 A1): Abstract; FIG. 4, ¶0121, the binary classifier 400 includes a training loop (indicated at least in part by dashed lines in FIG. 4); see also ¶0123-¶0124.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY L WILLIAMS whose telephone number is 571-270-7694. The examiner can normally be reached Mon - Fri 8:30-5:30.
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, Ayman Abaza can be reached at 571-270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRACY L WILLIAMS/Examiner, Art Unit 2465 /CHRISTOPHER T WYLLIE/Examiner, Art Unit 2465
Prosecution Insights