DETAILED ACTION
This action is responsive to claims filed on 13 February 2026 and Information Disclosure Statements filed on 06/09/2023, 07/16/2025 and 02/13/2026.
Claims 1-20 are pending for examination.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
Applicant’s arguments filed 02/13/2026 have been entered. The claims have been amended, original as follows:
Claim are amended: 1, 12-17, 19
Claims original: 2-11, 18, 20.
Response to Arguments
Applicant’s arguments, see Remarks Pages 7-9, filed 02/13/2026, with respect to the rejection(s) of claim 1-2, 9-10 and 12 under 35 U.S.C. 103 over Chen in view of Mao, and claim 13-20 under 35 U.S.C. 102/103 over El-Keyi (and combinations thereof) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Chen in view of El-Keyi (and further in view of Jung and Mao where applicable) as detailed below. I) Applicant argues Chen ¶[0020], [0039] describer adding a cyclic prefix (CP) for channel distortion, not beam-steering to reduce interference, and Mao fails to remedy this. Examiner respectively disagrees Chen explicitly states the eNB performs MU-MIMO scheduling with “regularized zero-forcing beamforming (ZFBF)”. ZFBF is inherently a beam-steering operation designed to create spatial nulls towards co-scheduled users to reduce multi-user interference. The cyclic prefix mentioned in ¶[0039] mitigates inter-Symbol interference (ISI) in the time domain, which is distinct from and coexists with ZFBF’s Multi-User Interference (MUI) reduction in the spatial domain. Mao reinforces this by teaching user selection minimize interdependency [0068]-[0098].
II) Applicant argues El-Keyi and Chen do not base pairing determinations on determining that a second cell supports Signaling Radio Bearers(SRBs) and more control messages relative to the first cell. Examiner respectively disagrees. While El-Keyi teaches the pairing algorithm, Chen and Jung teach the architectural context. Jung ¶[0008] and Chen ¶[0002], [0017] establish the standard Carrier aggregation architecture where the Primary Cell (Second Cell) handles critical control signaling (SRBs) and the Secondary Cell (First Cell) is optimized for data throughput. It would be obvious to apply El-Keyi’s independent pairing logic to the Secondary Cell because the Primary cell is burdened with SRBs/control messages. The determination recited is recognizing this standard load distribution to optimize spectral efficiency.
The rejection is Maintained based on the combination teaches the algorithm (El-Keyi) within the standard architecture (Chen/Jung) where SRB load on the PCell motivates offloading MU-MIMO to the SCell.
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.
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 1, 3, and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20110142147 A1) in view of El-Keyi et al. (US 20210234580 A1). With regarding Claim 1, Chen disclose a device, comprising: a processing system including a processor (See ¶[0013]); and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising (See FIG. 2 and ¶[0013], [0034]-[0036]): performing a first analysis in respect of a first measurement pertaining to a quality or characteristic of a first signal in a first cell (See FIG. 3 ¶[0002], [0017]-[0020], [0034]-[0039] discloses multi-rank feedback report decoder logic 104 and SU/MU mode control logic 107, this provides the context of signal quality analysis via feedback); determining, based on the performing of the first analysis, that a first user equipment (UE) is to be paired with at least one other UE as part of a multi-user multiple-input multiple-output (MU-MIMO) topology in the first cell, resulting in a first determination (See FIG. 4A-4C ¶[0017]-[0020], [0034]-[0036], [0039]. Disclosed pairing based on rank-1 feedback, and that once paired , UEs are scheduling and subjected to MU-MIMO transmission); and subjecting the first UE to the MU-MIMO in the first cell in accordance with the first determination (See ¶[0020], [0039] the execution of the MU-MIMO transmission immediately following the scheduling determination.), Chen may not explicitly disclose wherein the subjecting comprises engaging in beam-steering operations to reduce interference in respect of the first UE and the at least one other UE.
However, in analogous art, El-Keyi disclose wherein the subjecting comprises engaging in beam-steering operations to reduce interference in respect of the first UE and the at least one other UE (See ¶[0007], [0011] and [0130]. El-Key is selected for this specific limitation because it explicitly uses the terms “beamforming vectors” and suppress interference in the context of paired UE’s).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Mao to modify Chen teachings the specific interference-suppressing beam-steering techniques explicitly taught by EL-Keyi. Chen identifies ZFBF as the method; EL-Keyi teaching that ZFBF/precoding operates by steering beams/nulls to reduce inter-user interference. This combination yields the MU-MIMO framework improve MU-MIMO pairing accuracy, reduce inter-user interference, and achieve higher system capacity.
With regarding Claim 3 Chen and El-Keyi disclose the device of claim 1, wherein the operations further comprise: Chen may not explicitly disclose performing a second analysis in respect of a second measurement pertaining to a quality or characteristic of a second signal in a second cell; determining, based on the performing of the second analysis, that the first UE is not to be paired with a second at least one other UE as part of a multi-user multiple-input multiple-output (MU-MIMO) topology in the second cell, resulting in a second determination; and subjecting the first UE to a single-user multiple-input multiple-output (SU-MIMO) topology in the second cell in accordance with the second determination. However, in analogous art, El-Keyi disclose performing a second analysis in respect of a second measurement pertaining to a quality or characteristic of a second signal in a second cell (See FIG. 1-2 ¶[0037]-[0040], [0044]-[0045], [0090], [0104]-[0106], [0127]. Disclosed Per cell eigen-subspace tracking and independent analysis of each UE’s signal characteristics per transmission reception point, which is correspond to separate cells); determining, based on the performing of the second analysis, that the first UE is not to be paired with a second at least one other UE as part of a multi-user multiple-input multiple-output (MU-MIMO) topology in the second cell, resulting in a second determination (See ¶[0009], [0013], [0037]-[0040], [0044]-[0045], [0053]-[0055], [0128]. Disclosed deciding which UEs to pair based on multipath interference, and pairwise subspace orthogonality and exclusion.); and subjecting the first UE to a single-user multiple-input multiple-output (SU-MIMO) topology in the second cell in accordance with the second determination (See ¶[0009], [0013], [0042]-[0043], [0056]-[0058]. Disclosed allow the base station to achieve both SU-MIMO and MU-MIMO beamforming gains and then details the SU-MIMO case, noting improved performance over prior SU-MIMO schemes). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Chen to modify El-Keyi. Chen teaches basis CSI-based MU-MIMO pairing decisions. El-Keyi teaches per-cell decisions and SU-MIMO fallback based on local signal space analysis. This combination to ensure uninterrupted service and to maintain throughput, even when MU-MIMO pairing conditions are not met. With regarding Claim 10 Chen and EL-Keyi disclose the device of claim 1, Chen disclose wherein the first signal is a downlink (DL) signal (See ¶[0002]-[0018]. Disclosed first measurement (DL channel quality) is analyzed to determine whether to pair the UE for MU-MIMO). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine EL-Keyi to modify Chen teachings. Chen teaches each UE estimates the DL channel and report CQI and PMI. And EL-Keyi teaches downlink signal subspace, that measurements refer to the DL channel.
With regarding Claim 11 Chen and EL-Keyi disclose the device of claim 1, Chen may not explicitly disclose wherein the first signal is an uplink (UL) signal. However, in analogous art, El-Keyi disclose wherein the first signal is an uplink (UL) signal (See ¶[0008]-[0009], [0013], [0017], [0020], [0093], [0104], [0135]. Disclosed a first analysis of UL signals to decide MU-MIMO pairing. (uplink reference signals (UL DMRS/SRS))). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine El-Keyi to modify Chen teachings. El-Keyi teaches the based on the uplink reference signals, a signal leakage matric is estimated, which is used to determine whether UEs can be co-scheduled for MU-MIMO. This combination ensure to use UL signals to drive downlink MU-MIMO pairing decisions for efficiency, real-time tracking of mobility and low-latency adaptation. With regarding Claim 12 Chen and EL-Keyi disclose the device of claim 1, Chen disclosed wherein the subjecting of the first UE to the MU-MIMO in the first cell comprises: associating the first UE with a first beam as part of the beam-steering operations(See ¶[0020], [0032], [0039]. Disclosed the eNB performs MU-MIMO scheduling with regularized zero-forcing beamforming, and MU-MIMO precoder 236 , OFDMA modulators 238, antennas 240 describes distinct precoding paths per user.); and Chen may not explicitly disclose associating the at least one other UE with at least a second beam that is different from the first beam. However, in analogous art EL-Keyi disclose associating the at least one other UE with at least a second beam that is different from the first beam as part of the beam-steering operations(See ¶[0007], [0011], [0129]-[0130]. Disclosed that determining MU-MIMO precoder includes determining “MU-MIMO beamforming vectors for paired UE’s” also teaches estimating signal leakage between UEs and pairing them only if leakage is low. It then calculates precoders by projecting the signal of UE 9 onto null-space of the subspace spanned by other paired UEs.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine EL-Keyi to modify Chen teachings. Chen teaches using ZFBF which mathematically computers distinct weight vectors (beams) for each user to zero out interference at the other user locations. El-Keyi teaches calculating projected eigenvectors specifically so that the beam for UE 0 lies in the null-space of UE 1’s channel. This combination yields the beam-steering logic of El-Keyi and Chen results in the UE 1 gets Beam1, and UE 2 gets Bean2, where Beam 1not equals to Beam2.
Claims 2, 9 and are rejected under 35 U.S.C. 103 as being unpatentable over in view of Chen and El-Keyi further in view of Mao et al. (US 20210234580 A1).
With regarding Claim 2 Chen and EL-Keyi disclose a device the device of claim 1, Chen and EL-Keyi may not explicitly disclose wherein the at least one other UE comprises a plurality of UEs. However, in analogous art, Mao disclose wherein the at least one other UE comprises a plurality of UEs wherein the at least one other UE comprises a plurality of UEs (See ¶[0036], [0053], [0089]-[0092], [0101]-[0102]. Disclosed initial user set W: it includes all candidates users, so Len(W)=S, S can be >2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Mao to modify Chen teachings upon receiving the rank-1 SU-MIMO PMI/CQI from multiple users, the eNB performs MU_MIMO scheduling multiple. And Mao teaches a plurality of UEs in MU-MIMO ¶[0016]-[0020]. This combination configure MU-MIMO with plurality of UEs when channel conditions allow. With regarding Claim 9 Chen and EL-Keyi disclose the device of claim 1, Chen disclose wherein the operations further comprise: subsequent to the subjecting of the first UE to the MU-MIMO in the first cell in accordance with the first determination, performing a second analysis in respect of a second measurement pertaining to a quality or characteristic of a second signal in the first cell (See FIG. 3 ¶[0002], [0017]-[0021]. Switching between SU-MIMO and MU-MIMO mode can occur more frequently, different reporting periodicities can be configured, aperiodic feedback of MU-MIMO CSI can be triggered by UL grant when necessary.); determining, based on the performing of the second analysis, that the first UE is no longer to be paired with the at least one other UE as part of the MU-MIMO topology in the first cell, resulting in a second determination (See ¶[0017]-[0021], [0020], [0034] disclose upon receiving rank -1 SU-MIMO PMI/CQI form multiple users, the eNB performs MU-MIMO.); and Chen and EL-Keyi may not explicitly disclose subjecting the first UE to a single-user multiple-input multiple-output (SU-MIMO) topology in the first cell in accordance with the second determination. However, in analogous art, Mao disclose subjecting the first UE to a single-user multiple-input multiple-output (SU-MIMO) topology in the first cell in accordance with the second determination (See ¶[0072]-[0021]. Disclosed channel covariance and pairing selection process; decision-making logic applies to both MU inclusion and exclusion.(if the candidate set is reduced to one UE, it is scheduled in SU-MIMO.)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Mao to modify Chen teachings established a framework for dynamic SU/MU-MIMO switching in a single cell using multi-rank CSI feedback. And Mao teaches a low-complexity, eigenvalue-based method to analyze channel interdependency and select optimal MU-MIMO user pairs. This combination of Mao’s pairing algorithm with Chen’s MU-MIMO framework improve MU-MIMO pairing accuracy, reduce inter-user interference, and achieve higher system capacity.11. Claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Chen, and El-Keyi et al. as applied to claims 3 above, and further in view of Jung et al (US 20170171771 A1). With regarding Claim 4 Chen and El-Keyi disclose the device of claim 3, Chen, and El-Keyi may not explicitly disclose wherein the first cell is operative in accordance with a first radio access technology (RAT) and the second cell is operative in accordance with a second RAT. However, in analogous art, Jung disclose wherein the first cell is operative in accordance with a first radio access technology (RAT) and the second cell is operative in accordance with a second RAT (See FIG. 1-2 and ¶[0007]-[0008], [0054], [0060]-[0064] Disclosed a device connected to both LTE and NR cells, with RAT- specific configurations per cells.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine of Jung to combine to modify Chen and El-Keyi teachings. Combination of Chen and El-Keyi teaches 5G NR deployments are implemented via non-standalone (NSA) mode, where a UE is connected simultaneously to LTE (as PCell) and NR (as SCell). This enables independent operation of MIMO scheduling decisions in each RAT-domain cell, El-Keyi ‘s per-cell pairing logic. And Jung teaches logic across RAT boundaries. This combination ensure per-cell MIMO mode logic across RAT boundaries.
With regarding Claim 5 Chen and El-Keyi in view of Jung disclose the device of claim 4, Chen, and El-Keyi may not explicitly disclose wherein the second RAT is different from the first RAT. However, in analogous art, Jung disclose wherein the second RAT is different from the first RAT (See FIG. 1-2 and ¶[0060]-[0065]. Disclosed dual-RAT architecture where a first cell(LTE) is connected alongside a second cell). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine of Jung to combine to modify Chen, Mao, and El-Keyi teachings. Combination of Chen and El-Keyi teaches per-cell independent MU/SU mode selection and Jung teaching hetero-RAT configuration, with explicit LTE and NR combinations. This combination ensure RAT separation with El-Keyi’s cell-specific MIMO mode, and its dual-RAT. With regarding Claim 6 Chen and El-Keyi in view of Jung disclose. The device of claim 5, Chen and El-Keyi may not explicitly disclose wherein the first RAT corresponds to Long Term Evolution (LTE) and the second RAT corresponds to Fifth Generation (5G) New Radio (NR). However, in analogous art, Jung disclose wherein the first RAT corresponds to Long Term Evolution (LTE) and the second RAT corresponds to Fifth Generation (5G) New Radio (NR) (See FIG. 1-2 and ¶[0060]-[0065]. Disclosed configuration in which the UE is connected to LTE and 5G NR simultaneously). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Jung to combine to modify Chen, Mao, and El-Keyi teachings. Combination of Chen teaches MU-MIMO pairing logic, El-Keyi teaches per-cell, per user fallback to SU-MIMO, and Jung discloses LTE and NR multi-RAT operation. With regarding Claim 7 Chen and El-Keyi in view of Jung disclose the device of claim 5, Chen and El-Keyi may not explicitly disclose the device of claim 5, wherein the second RAT corresponds to Long Term Evolution (LTE) and the first RAT corresponds to Fifth Generation (5G) New Radio (NR). However, in analogous art, Jung disclose wherein the second RAT corresponds to Long Term Evolution (LTE) and the first RAT corresponds to Fifth Generation (5G) New Radio (NR) (See ¶[0008], [0054], [0060]. Disclosed the architecture (LTE MeNB and 5G/mmW SeNB) to achieve wide coverage and higher data rates.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Jung to combine to modify Chen, Mao, and El-Keyi teachings. Chen teaches MU-MIMO pairing, El-Keyi teaches per-cell SU-MIMO fallback logic, and Jung teaches Dual-RAT framework that supports either LTE or NR as primary or secondary RAT.
With regarding Claim 8 Chen and El-Keyi in view of Jung disclose the device of claim 4, Chen and El-Keyi may not explicitly disclose wherein the first RAT and the second RAT each correspond to Fifth Generation (5G) New Radio (NR). However, in analogous art, Jung disclose wherein the first RAT and the second RAT each correspond to Fifth Generation (5G) New Radio (NR). (See ¶[0008], [0054]. Disclosed that the Master and Secondary nodes “may use the same RAT, and El-Keyi confirms the applicability of the Mu-MIMO techniques in 5G NR environments.”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Jung to combine to modify Chen and El-Keyi teachings. El-Keyi teaches operates in a multi-cell 5G NR environment and per-cell MIMO mode decisions, SU-MIMO fallback when pairing fails, and subspace-based exclusion. Jung teaches using LTE for master node and 5G mm wave for secondary node this same as the Second Cell is LTE and the First Cell is 5G NR. This combination ensure the both cells operate in NR.12. Claims 13-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over of El-Keyi et al. (US 20210234580 A1) in view of Jung et al (US 20170171771 A1).
With regarding Claim 13, El-Keyi disclosed a non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising (See FIG. 4 and ¶[0072]-[0073], [0156]-[0162]. non-transitory mechanism and tracking downlink signal subspace for each UE to determine MU-MIMO precoders, tracking signal subspace(DMRS/SRS) and determining vectors for paired UEs): identifying, based on an analysis of a first reference signal, and a first determination, that a first communication device is a candidate for a multi-user multiple-input multiple-output (MU-MIMO) topology in a first cell of a plurality of cells, resulting in a first identification (See FIG. 4, 10 and ¶[0006]-[0009], [0013], [0093]-[0127]-[0128], [0156]-[0162]. Disclosed identifying candidates for MU-MIMO in a specific cell based on the analysis of reference signals (subspace tracking/leakage estimation).); wherein the first determination is based on determining that a second cell of the plurality of cells supports signaling radio bearers (SRBs) and more control messages relative to the first cell (See ¶[0002], [0016]-[0017]. Disclosed the LTE framework where the eNB manages scheduling. In standard LTE/5G deployments, the Primary Cell (PCell) inherently carries critical control signaling (SRBs, RRC, NAS) while Secondary Cells (SCells) are added primarily for data throughput. This architectural fact means the PCell (second cell) inherently supports “more control messages” than the SCell (first cell).); identifying, based on an analysis of a second reference signal, that a second communication device is a candidate for the MU-MIMO topology in the first cell, resulting in a second identification (See ¶[0068]-[0071], [0006]-[0009], [0013], [0127]-[0128]. Disclosed identifying multiple candidates in the same cell based on individual signal analyses.); and pairing the first communication device and the second communication device as part of the MU-MIMO topology in the first cell based on the first identification and the second identification and independent of other identifications pertaining to MU-MIMO topologies in other cells that are different from the first cell (See FIG. 13 and ¶[0009], [0013], [0068]-[0071], [0037]-[0040], [0093], [0127]-[0130], [0135]. Disclosed making pairing decisions based on local cell metrics (leakage), which inherently results in topologies that are independent across different cells.). El-Keyi may not explicitly disclose wherein the first determination is based on determining that a second cell of the plurality of cells supports signaling radio bearers (SRBs) and more control messages relative to the first cell; However, in analogous art, Jung disclosed wherein the first determination is based on determining that a second cell of the plurality of cells supports signaling radio bearers (SRBs) and more control messages relative to the first cell (See FIG. 3 and ¶[0007]-[0009], [0054], [0060]-[0064]. Disclosed a multi-RAT system where a Master eNB(MeNB/PCell) overlaps with Secondary eNBs (SeNB/SCell). Making connection decisions based on bandwidth requirement, implicitly recognizing that the primary link handles baseline/control traffic while the secondary link is utilized for high-bandwidth data offloading.); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Jung to modify El-Keyi teachings. MU-MIMO scheduling system of El-Keyi (Which performs independent per-cell pairing based on signal quality). Jung teaches making connection decisions, implicitly recognizing that the primary link handles baseline. This combination yields schedulers decision to prioritize or enable MU-MIMO in the SCell is directly driven by the PCell is occupied with control tasks.
With regarding Claim 14, El-Keyi disclosed the non-transitory machine-readable medium of claim 13, El-Keyi explicitly disclose wherein the first communication device is part of a single-user multiple-input multiple-output (SU-MIMO) topology in a third cell of the plurality of cells that is different from the first cell (See ¶[0009], [0013], [0042]-[0043], [0056]-[0058], [0127]-[0128]. Disclosed independent per-cell decision making where a UE is paired for MU-MIMO only if local interference is low.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine El-Keyi to modify Chen and Jung teachings. El-Keyi which performs independent per-cell pairing/SU-MIMO fallback to operate within the network architecture taught by Jung multi-cell/multi-RAT with PCell/SCell distinctions. With regarding Claim 15, El-Keyi, and Jung the non-transitory machine-readable medium of claim 14, El-Keyi disclosed wherein the second communication device is a part of a SU-MIMO topology in a third cell or a fourth cell of the plurality of cells that is different from each of the first cell and the third cell (See ¶[0009], [0013], [0042]-[0043], [0056]-[0058], [0093], [0127]-[0130]. Disclosed which performs independent per-cell decision making where a UE is paired for MU-MIMO in a different cell (third or fourth).). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine El-Keyi to modify Chen and Jung teachings. Jung teaches multi-cell/multi-RAT with PCell/SCell distinctions. El-Keyi teaches which performs independent per-cell pairing/SU-MIMO fallback. This combination with the multi-cell architecture of Chen and Jung, this represents the standard adaptive behavior of modern MU-MIMO systems. With regarding Claim 16, El-Keyi, and Jung the non-transitory machine-readable medium of claim 14, El-Keyi disclose wherein the second communication device is a part of a MU-MIMO topology in the third cell (See ¶[0009], [0013], [0042]-[0043], [0056]-[0058], [0093], [0127]-[0130], [0135]. Disclosed that the base station determines whether to pair UEs based on signal leakage thresholds per cell.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine El-Keyi to modify Chen and Jung teachings. Jung teach environments with multiple cell (PCell/SCell, LTE/NR). El-Keyi’s robust interference management to this multi-cell setup. Maximizing MU-MIMO in Cell1 and maximizing MU-MIMO in Cell 3, regardless of what the first device is doing those cells. With regarding Claim 17, El-Keyi, disclosed a method, comprising: pairing, by a processing system including a processor and based on a first determination, a first user equipment (UE) and a second UE as part of a multi-user multiple-input multiple- output (MU-MIMO) topology in a first cell of a plurality of cells, resulting in a first pairing (See FIG. 9 and ¶[0009], [0013], [0127]-[0130]. Discloses the method steps of analyzing signals, making a determination based on interference thresholds, and executing the pairing of user in a cell.), wherein the first determination is based on determining that a second cell of the plurality of cells supports signaling radio bearers (SRBs) and more control messages relative to the first cell; and pairing, by the processing system, the first UE with a third UE as part of a MU-MIMO topology in a third cell of the plurality of cells, resulting in a second pairing (See FIG. 9 and ¶[0009], [0127]-[0130]. Disclosed making independent pairing decisions for every cell in the network based on local metrics.), wherein the second pairing is independent of the first pairing and the third cell is different from the first cell (See FIG. 9 and ¶[0009], [0013], [0093], [0127]-[0130]. Disclosed making pairing decisions based on local cell metrics, which inherently results in topologies that are independent across different cells.). El-Keyi may not explicitly disclose wherein the first determination is based on determining that a second cell of the plurality of cells supports signaling radio bearers (SRBs) and more control messages relative to the first cell; and However, in analogous art, Jung disclosed wherein the first determination is based on determining that a second cell of the plurality of cells supports signaling radio bearers (SRBs) and more control messages relative to the first cell (See FIG. 9 and ¶[0002], [0016]-[0017]. Chen Disclosed operates within the LTE framework where the Primary Cell inherently carries critical control signaling(SRBs, RRC, NAS) while Secondary Cell are added primarily for data throughput.Jung: ¶[0007]-[0009], [0054], [0060]-[0064]. Disclosed a multi-RAT system where a Master eNB (MeNB/PCell) overlaps with Secondary eNBs (SeNB/SCell).); and Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine El-Keyi to modify Chen and Jung teachings. Jung teaches that in CA/CD architectures, the PCell us heavily loaded with essential control signaling (SRBs), while SCells are designed to provide additional bandwidth for data. El-Keyi teaches method for selecting MU-MIMO pairs that minimizes interference. This combination yields significant gains because the SCell has more available resources (unlike the control-heavy PCell).
With regarding Claim 19, El-Keyi, and Jung disclosed the method of claim 17, further comprising: El-Keyi disclosed subjecting the second UE to a single-user multiple-input multiple-output (SU-MIMO) topology in the second cell (See ¶[0009], [0013], [0042]-[0043], [0056]-[0058], [0127]-[0128] Disclosed that the base station determines whether to pair UEs based on signal leakage thresholds per cell). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Jung to modify El-Keyi teachings. Jung teaches the environment where multiple cells exist with varying radio conditions. El-Keyi teaches (independent per-cell pairing/SU-MIMO fallback). This combination yields where UE2 is MU-MIMO in cell1 but SU-MIMO inCell3 is expected and optimized outcome of applying El-Keyi’s algorithm. With regarding Claim 20, El-Keyi and Chen disclosed the method of claim 19, Chen teaches further comprising: subjecting the third UE to a SU-MIMO topology in the first cell (See ¶[0009], [0013], [0042]-[0043], [0056]-[0058], [0127]-[0128]. Disclosed independent per-cell decision making where a UE is paired for MU-MIMO only local interference (leakage) is low; otherwise, it defaults to SU-MIMO.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine El-Keyi to modify Chen and Mao teachings. Chen teaches dynamically determines whether to use SU-MIMO or MU-MIMO for each UE based on their specific channel conditions in each cell. El-Keyi teaches adaptive user pairing and fallback to SU-MIMO per user.
12. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over in view of El-Keyi, and Jung as applied to claim 17, above and further in view of Mao et al. (US 20210234580 A1). With regarding Claim 18, El-Keyi, and Jung disclosed the method of claim 17, El-Keyi, and Jung may not explicitly disclosed wherein the first pairing comprises at least a third UE. Mao disclosed wherein the first pairing comprises at least a third UE (See FIG. 4B and ¶[0036], [0053], [0089]-[0092], [0102]. Disclosed the specific selection algorithm designed to optimize groups of varying sizes, explicitly simulating scenarios with up to 30 co-scheduled users.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine El-Keyi to modify and Mao teachings. El-Keyi teaches ¶[0134], [0091], [0127]-[0130] MU-MIMO groupings with UEs, Mao teaches pairing a plurality of UEs (at least a third UE) in a set of maximize capacity . This combination improved MU-MIMO operation in multi-cell environment.
Conclusion
13. THIS ACTION IS MADE FINAL. 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 SHIVAKRISHNA VALLAMDASU whose telephone number is (571)272-5249. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM EST.
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, Smith, Marcus R. can be reached on (571) 270-1096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIVAKRISHNA VALLAMDASU/Examiner, Art Unit 2468
/MARCUS SMITH/Supervisory Patent Examiner, Art Unit 2468
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