DETAILED ACTION
This Office Action is in response to the Amendment filed 4/15/2026. Claims 1-20 have been previously canceled. Claims 21-40 are currently pending in the application.
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 .
Response to Arguments
Applicant’s arguments have been considered but are moot because they are not directed towards the new grounds of rejection made in view of newly cited Wei et al. (U.S. Publication US 2023/0276224 A1).
The independent claims have been amended to include a new limitation stating “wherein the switching indicates that the first frequency band set and the second frequency band set are operated in a time division manner”. Applicant argues that previously cited Rico Alvarino et al. (U.S. Publication US 2020/0037383 A1) does not teach the amended claim limitations. Although Rico does disclose an embodiment wherein a time division duplex (TDD) multiple input multiple output (MIMO) communication system is employed (See paragraph 48 of Rico), Rico does not specifically disclose switching in a time division manner, as now claimed. However, newly cited Wei et al. discloses performing inter-band downlink carrier aggregation (CA) switching wherein a receive chain of a UE is switched between different component carriers, i.e. frequency bands, wherein the UE may switch between receiving communications in different first and second frequency bands in a time division multiplexed (TDM) manner (See paragraphs 71-72 and Figures 5A and 5B of Wei et al.). Wei et al. also discloses a UE capability for the switching may be signaled to a base station (See paragraph 73). Switching between frequency bands in a time division multiplexed manner has the advantage of allowing a UE to receive communications from multiple different frequency bands in a scheduled manner. Thus, a new grounds of rejection is made in view of the teachings of Rico an Wei et al. Please see the rejections below for further detail.
Regarding previously cited Rico, Applicant also argues that Rico’s asserted switching is per-band switching for each individual band within a single band combination, not an inter-band set relationship between two frequency band sets. The Examiner respectfully disagrees with this interpretation of the teachings of Rico. Specifically, Rico discloses indicating a capability to switch between different bands of different RATs (See paragraphs 54-55 and Figure 4 of Rico). Rico also discloses that the different bands may be associated with different frequency ranges wherein the number of bands and corresponding associations with RATs and frequency ranges may be configurable (See paragraph 56 and Figure 4 of Rico). Thus, it is clear from this description in Rico that the switching is not merely per-band switching for each individual band, as argued by the Applicant, but instead also includes switching among different frequency ranges of different band sets corresponding to different RATs.
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.
Claims 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over Rico Alvarino et al. (U.S. Publication US 2020/0037383 A1; hereafter referred to as ‘Rico’) in view of Wei et al. (U.S. Publication US 2023/0276224 A1).
With respect to claims 21 and 31, Rico discloses an apparatus, comprising: at least one processor; and a memory storing programming instructions for execution by the at least one processor, the programming instructions instructing the apparatus to perform operations of a method (See the abstract, paragraph 8, and paragraph 218 of Rico for reference to a UE, which is an apparatus, including a memory and one or more processors executing software stored in the memory to perform a wireless communication method). Rico also discloses determining, by a terminal device, first information, wherein the first information comprises a first information element and a second information element, the first information element indicates at least two frequency band sets, a first frequency band set in the at least two frequency band sets comprises at least one frequency band, the second information element indicates a first relationship between a second frequency band set and the first frequency band set, and the first relationship comprises switching or concurrence (See paragraphs 54-56, paragraphs 172-174, and Figures 5A, 5B, and 8 of Rico for reference to the UE determining an antenna switching capability for the UE that relates to a capability of the UE to switch an antenna, which is equivalent to the claimed second information element, for a plurality of bands that are included in a set of band combinations, i.e. frequency ranges associated with bands of different RATs, which is equivalent to the claimed first information element, wherein each individual band combination is equivalent to the claimed a frequency band set comprising at least one frequency band). Rico further discloses sending, by the terminal device, the first information to a network device (See paragraph 174 and Figure 8 of Rico for reference to signaling the set of band combinations and the antenna switching capability to a base station, which is a network device). Although Rico does disclose an embodiment wherein a time division duplex (TDD) multiple input multiple output (MIMO) communication system is employed (See paragraph 48 of Rico), Rico does not specifically disclose wherein the switching indicates that the first frequency band set and the second frequency band set are operated in a time division manner. However, Wei et al., in the field of communications, discloses performing inter-band downlink carrier aggregation (CA) switching wherein a receive chain of a UE is switched between different component carriers, i.e. frequency bands, associated with different cells, i.e. a PCell and SCell, wherein the UE may switch between receiving communications in different first and second frequency bands in a time division multiplexed (TDM) manner (See paragraphs 71-72 and Figures 5A and 5B of Wei et al.). Wei et al. also discloses a UE capability for the switching may be signaled to a base station (See paragraph 73 of Wei et al.). Switching between frequency bands in a time division multiplexed manner has the advantage of allowing a UE to receive communications from multiple different frequency bands in a scheduled manner. Thus, it would have been obvious for one of ordinary skill in the art at the time of effective filing, when presented with the work of Wei et al., to combine switching between frequency bands in a time division multiplexed manner, as suggested by Wei et al., within the system and method of Rico, with the motivation being to allow a UE to receive communications from multiple different frequency bands in a scheduled manner.
With respect to claims 22 and 32, Rico discloses sending indication information to the network device, wherein the indication information indicates a switching duration for switching between the first frequency band set and second frequency band set (See paragraph 175 and paragraph 180 of Rico for reference to signaling a carrier switching capability that indicates an interruption time, which is a switching duration, to at least one of an uplink operation or a downlink operation due to a switch from a source band to a target band).
With respect to claims 23 and 33, Rico discloses wherein all frequency bands in at least one frequency band set belong to a first frequency band combination, the first information further comprises a third information element, and the third information element indicates a quantity of radio frequency chains supported by the first frequency band combination (See paragraphs 175-177 and paragraph 192 of Rico for reference to the antenna switching capability indicating the number of transmit and received antennas that the UE is capable of switching and indicating number of transmit chains of the UE capable of switching between two or more bands).
With respect to claims 24 and 34, Rico discloses wherein the first information comprises a fourth information element, and the fourth information element indicates a quantity of radio frequency chains supported by the first frequency band set (See paragraphs 175-177 and paragraph 192 of Rico for reference to the antenna switching capability indicating the number of transmit and received antennas that the UE is capable of switching and indicating number of transmit chains of the UE capable of switching between two or more bands).
With respect to claims 25 and 35, Rico discloses wherein a third frequency band set in the at least one frequency band set comprises a fifth information element, the fifth information element indicates a second relationship between frequency bands in the third frequency band set, and the second relationship comprises switching or concurrence (See paragraphs 172-174 and Figure 8 of Rico for reference to the indication of band combinations including multiple band combinations such that multiple different relationships between different bands and their corresponding switching capability are signaled).
With respect to claims 26 and 36, Rico discloses an apparatus, comprising: at least one processor; and a memory storing programming instructions for execution by the at least one processor, the programming instructions instructing the apparatus to perform operations of a method (See the abstract, paragraph 9, and paragraph 218 of Rico for reference to a base station, which is an apparatus, including a memory and one or more processors executing software stored in the memory to perform a wireless communication method). Rico also discloses receiving, by a network device, first information from a terminal device, wherein the first information comprises a first information element and a second information element, the first information element indicates at least two frequency band sets, a first frequency band set in the at least two frequency band sets comprises at least one frequency band, the second information element indicates a first relationship between a second frequency band set and the first frequency band set, and the first relationship comprises switching or concurrence (See paragraphs 54-56, paragraphs 172-174, and Figures 5A, 5B, and 8 of Rico for reference to the base station receiving via signaling from a UE, which is a terminal device, an antenna switching capability for the UE that relates to a capability of the UE to switch an antenna, which is equivalent to the claimed second information element, for a plurality of bands that are included in a set of band combinations, i.e. frequency ranges associated with bands of different RATs, which is equivalent to the claimed first information element, wherein each individual band combination is equivalent to the claimed a frequency band set comprising at least one frequency band). Although Rico does disclose an embodiment wherein a time division duplex (TDD) multiple input multiple output (MIMO) communication system is employed (See paragraph 48 of Rico), Rico does not specifically disclose wherein the switching indicates that the first frequency band set and the second frequency band set are operated in a time division manner. However, Wei et al., in the field of communications, discloses performing inter-band downlink carrier aggregation (CA) switching wherein a receive chain of a UE is switched between different component carriers, i.e. frequency bands, associated with different cells, i.e. a PCell and SCell, wherein the UE may switch between receiving communications in different first and second frequency bands in a time division multiplexed (TDM) manner (See paragraphs 71-72 and Figures 5A and 5B of Wei et al.). Wei et al. also discloses a UE capability for the switching may be signaled to a base station (See paragraph 73 of Wei et al.). Switching between frequency bands in a time division multiplexed manner has the advantage of allowing a UE to receive communications from multiple different frequency bands in a scheduled manner. Thus, it would have been obvious for one of ordinary skill in the art at the time of effective filing, when presented with the work of Wei et al., to combine switching between frequency bands in a time division multiplexed manner, as suggested by Wei et al., within the system and method of Rico, with the motivation being to allow a UE to receive communications from multiple different frequency bands in a scheduled manner.
With respect to claims 27 and 37, Rico discloses receiving indication information from the terminal device, wherein the indication information indicates a switching duration for switching between the first frequency band set and second frequency band set (See paragraph 175 and paragraph 180 of Rico for reference to the received signaling including a carrier switching capability that indicates an interruption time, which is a switching duration, to at least one of an uplink operation or a downlink operation due to a switch from a source band to a target band).
With respect to claims 28 and 38, Rico discloses configuring M carrier sets; wherein carriers in the M carrier sets belong to at least one frequency band in the at least two frequency band sets, a second carrier set in the M carrier sets comprises at least one carrier, and a relationship between a third carrier set and the second carrier set is the first relationship; and wherein the second carrier set corresponds to the first frequency band set, the third carrier set corresponds to the second frequency band set, and M is a positive integer greater than or equal to 2 (See paragraphs 172-174 and Figure 8 of Rico for reference to the signaled information including multiple band combinations such that multiple sets of relationships between different band combinations and their corresponding switching capabilities are signaled to configured and configured by the base station).
With respect to claims 29 and 39, Rico discloses wherein all frequency bands in at least one frequency band set belong to a first frequency band combination, the first information further comprises a third information element, and the third information element indicates a quantity of radio frequency chains supported by the first frequency band combination (See paragraphs 175-177 and paragraph 192 of Rico for reference to the antenna switching capability indicating the number of transmit and received antennas that the UE is capable of switching and indicating number of transmit chains of the UE capable of switching between two or more bands).
With respect to claims 30 and 40, Rico discloses wherein the first information comprises a fourth information element, and the fourth information element indicates a quantity of radio frequency chains supported by the first frequency band set (See paragraphs 175-177 and paragraph 192 of Rico for reference to the antenna switching capability indicating the number of transmit and received antennas that the UE is capable of switching and indicating number of transmit chains of the UE capable of switching between two or more bands).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cao et al. (U.S. Publication US 2023/0292311 A1) discloses another relevant system and method of switching between bands in a time division manner.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason E Mattis whose telephone number is (571)272-3154. The examiner can normally be reached M-F 7:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached at 571-2723155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON E MATTIS/Primary Examiner, Art Unit 2461
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