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 .
Response to Remarks
This Office Action is considered to be fully responsive to the communications filed on 03/30/2026. Claims 1-20 are currently pending in this application.
Response to Arguments
Applicant’s arguments, see Remarks page 7, filed 03/30/2026, with respect to the objection to the title of the invention have been fully considered and are persuasive. The amendment overcomes the objection and thus it has been withdrawn.
Applicant’s arguments, see Remarks page 7, filed 03/30/2026, with respect to the rejection of claim 18 under 35 U.S.C. 112 have been fully considered and are persuasive. The amendment overcomes the rejection and thus it has been withdrawn.
Applicant’s arguments, see Remarks pages 7-11, filed 03/30/2026, with respect to the rejections of claims 1-20 under 35 U.S.C. 103 have been fully considered but are not persuasive. Applicant first argues on page 9 of Remarks that “Claim 1 recites anchor carrier and secondary carrier, which are NOT taught by the primary carrier and secondary carriers … as relied upon in Miao”, but does not provide much explanation as to why Applicant takes this stance. Applicant seems to be making the assertion that since Miao relates to carrier aggregation, it does not read on the limitation. However, Examiner disagrees with this opinion, as Miao does teach the limitation as it is broadly written, and a claim mapping is provided below. The claim language merely requires “one or more secondary carriers for the UE”, which is read on by Miao’s secondary carriers, and that “the UE establishes connection with the wireless network on an anchor carrier of an anchor cell”, which is read on by Miao’s terminal transmitting uplink data to the eNB via the primary carrier. Further, Applicant argues on page 9-10 of Remarks that Dimou does not teach “selecting both transmitting and receiving resources for data transceiving based on the switch pattern”, stating that Dimou teaches “at most, a transmit-side control-channel resource”. However, Examiner disagrees with this opinion, as Dimou does teach the claim limitation as it is written, and a claim mapping has been provided below. Firstly, Examiner would like to point out that Applicant seems to be suggesting that this limitation requires that the UE selects two different sets of resources that are to be used for a) the UE’s reception of data and b) the UE’s transmission of data, which is contradictory to commonly understood concepts in the art where the UE receives data on resources that are chosen by the transmitting device (i.e. a base station). Examiner was unable to find any passages in Applicant’s instant Specification that describe a function similar to this “receive-side resource”. Contrary to Applicant’s assertion on page 9-10 of Remarks, the claim language is broadly written and recites the step of “selecting transmitting and receiving resources based on the switch pattern for the data transceiving”, which by the plain meaning of the words and the broadest reasonable interpretation, can mean one set of resources that are used for both transmission and reception. The previously cited portions of Dimou clearly states that the PUCCH resources are used by the UE to transmit, and used by the base station to receive (i.e. transmitting and receiving resources). In other words, this means that data is to be transmitted and received (transceived) using resources that are selected based on a switch pattern, which does read on the claim as it is written. Additionally, Examiner would like to point out that Applicant’s assertion on page 9 of Remarks that Dimou does not teach “selecting both transmitting and receiving resources for data transceiving based on the switch pattern” is moot, as it is describing a limitation that would be of different scope than the claimed limitation in question, which recites “selecting transmitting and receiving resources based on the switch pattern for the data transceiving”. Applicant then goes on to argue on pages 10-11 of Remarks that Dimou does not teach the features of claim 18, stating that “The cited art only shows the much broader idea that BWPs may exist on carriers”, without providing any further insight as to why Applicant takes the stance that Dimou does not teach the claim. Examiner however disagrees with this opinion, as Dimou does teach the claim as it is written, and a claim mapping has been provided below. For the reasons discussed above, the claim rejections to claims 1-20 are maintained. For more details about any of the above mentioned, please see the Claim Rejections section below.
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 1-4, 8-15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Miao at el (US 20180198581 A1), and further in view of Dimou et al (US 20230224087 A1).
Regarding claim 1, Miao teaches
A method for a user equipment (UE) with a transmitter unit (TxU) and a receiver unit (RxU) of a transceiving unit (TxRU) in a wireless network comprising ([0122]-[0124] and [Fig. 9] terminal may comprise transmitter TX (transceiving unit) and receiver RX (receiver unit)):
configuring one or more secondary carriers for the UE, wherein the UE establishes connection with the wireless network on an anchor carrier of an anchor cell ([0053]-[0054] and [Fig. 2] primary carrier C1 (anchor carrier of an anchor cell) and one or more secondary carriers such as C2 and C3 are configured on the terminal, where the terminal transmits uplink data to the eNB via the primary carrier C1 (establishes connection with the wireless network on an anchor carrier of an anchor cell));
Miao does not explicitly teach determining a switch pattern for a data transceiving on the anchor carrier and the one or more secondary carriers; and
selecting transmitting and receiving resources based on the switch pattern for the data transceiving.
It should be noted that Miao does teach the terminal receiving a measurement gap which indicates that the terminal is to switch its sending of reference signals between the primary carrier and the secondary carriers within the measurement gap, where the transmission order may be predefined by the terminal or provided by signaling. Although this does read on the switch pattern, for the sake of prosecution, Dimou is introduced below to teach this feature.
Dimou teaches determining a switch pattern for a data transceiving on the anchor carrier and the one or more secondary carriers ([0102] and [0139] UE performs switching between the first component carrier (anchor carrier) and the second component carrier (secondary carrier) based on the semi-static cell switching pattern, where the UE determines how to perform the switching based on the pattern (determining switch pattern)); and
selecting transmitting and receiving resources based on the switch pattern for the data transceiving ([0127]-[0128] UE identifies and uses certain resources to be used based on the carrier switching pattern).
Miao and Dimou are considered to be analogous to the claimed invention, as they are both in the same field of configuring carrier switching in a terminal. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao to include the teachings of Dimou where the resources are identified based on the carrier switching pattern. The rationale behind this would be to increase wireless communication reliability for the UE ([0047] Dimou).
Regarding claim 2, Miao modified by Dimou teaches The method of claim 1, as is described above.
Miao does not explicitly teach wherein the switch pattern is semi-static, and wherein the semi-static switch pattern is configured by a UE-specific radio resource control (RRC) signaling for each carrier, derived from a time divisional duplex (TDD) configuration for each carrier, or determined by a TxRU hopping formula, as it does not explicitly teach that the switch pattern is semi-static. It should however be noted that Miao does teach that the system is a time divisional duplex TDD system, and the base station determines periodicity of transmissions for the reference signals and sends a trigger to the terminal to perform the switching and transmissions of the reference signals (TDD configuration for each carrier) based on the measurement gap, which is configured with a configuration message.
However, Dimou does teach wherein the switch pattern is configured by a UE-specific radio resource control (RRC) signaling for each carrier, derived from a time divisional duplex (TDD) configuration for each carrier, or determined by a TxRU hopping formula ([0008] and [0098] carrier switching pattern may be semi-statically configured for the UE in a RRC configuration).
Miao and Dimou are considered to be analogous to the claimed invention, as they are both in the same field of configuring carrier switching in a terminal. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao to include the teachings of Dimou where the switching pattern is semi-static. The rationale behind this would be to increase wireless communication reliability for the UE ([0047] Dimou).
Regarding claim 3, Miao modified by Dimou teaches The method of claim 1, as is described above.
Miao does not explicitly teach wherein the switch pattern is dynamically configured through downlink control information (DCI). It should be noted that Miao does teach that the measurement gap (which is what determines the switching pattern) is configured based on a dynamic configuration message.
However, Dimou does teach wherein the switch pattern is dynamically configured through downlink control information (DCI) ([0008] and [0098] carrier switching pattern may be dynamically configured for the UE in DCI).
Miao and Dimou are considered to be analogous to the claimed invention, as they are both in the same field of configuring carrier switching in a terminal. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao to include the teachings of Dimou where the switching pattern is dynamic and received through DCI. The rationale behind this would be to increase wireless communication reliability for the UE ([0047] Dimou).
Regarding claim 4, Miao modified by Dimou teaches The method of claim 1, as is described above.
Miao does not explicitly teach wherein the switch pattern is configured in a hybrid mode for the TxU and the RxU with a combination of a semi-static switch pattern and a dynamic switch pattern.
However, Dimou does teach wherein the switch pattern is configured in a hybrid mode for the TxU and the RxU with a combination of a semi-static switch pattern and a dynamic switch pattern ([0008] and [0098] carrier switching pattern may be a combination of semi-statically and dynamically configured for the UE (hybrid mode with combination of semi-static and dynamic switch pattern)).
Miao and Dimou are considered to be analogous to the claimed invention, as they are both in the same field of configuring carrier switching in a terminal. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao to include the teachings of Dimou where the switching pattern is a combination of semi-static and dynamic. The rationale behind this would be to increase wireless communication reliability for the UE ([0047] Dimou).
Regarding claim 8, Miao modified by Dimou teaches The method of claim 1, as is described above.
Miao further teaches wherein the one or more secondary carriers are supplementary carriers of the anchor cell ([0051] and [0053] secondary carriers are configured on the terminal for additional downlink reception and uplink transmission with the base station, where the secondary carriers correspond to Scells that can be configured to be a new Pcell (supplementary carriers of the anchor cell)).
Regarding claim 9, Miao modified by Dimou teaches The method of claim 8, as is described above.
Miao further teaches wherein the anchor carrier is TDD carrier or frequency division duplex (FDD) carrier, and wherein the supplementary carrier is configured as a TDD carrier, a FDD carrier, a supplementary uplink carrier (SUL), or a supplementary downlink carrier (SDL) ([0053] the primary carrier and the secondary carriers are configured to be used in a TDD system (TDD carriers), but can also be extended to a FDD system (FDD carriers)).
Regarding claim 10, Miao modified by Dimou teaches The method of claim 1, as is described above.
Miao further teaches wherein the one or more secondary carriers are supplementary cells different from the anchor cell ([0051] and [0053] secondary carriers are configured on the terminal for additional downlink reception and uplink transmission with the base station, where the secondary carriers correspond to Scells (supplementary carriers of a cell different from the anchor cell)).
Regarding claim 11, Miao modified by Dimou teaches The method of claim 10, as is described above.
Miao does not explicitly teach wherein the supplementary cells are activated with MAC control element (CE).
However, Dimou does teach wherein the supplementary cells are activated with MAC control element (CE) ([0098] carriers can be configured via MAC-CE).
Miao and Dimou are considered to be analogous to the claimed invention, as they are both in the same field of configuring carrier switching in a terminal. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao to include the teachings of Dimou where the carriers can be configured via MAC-CE. The rationale behind this would be to increase wireless communication reliability for the UE ([0047] Dimou).
Regarding claim 12, Miao teaches
A user equipment (UE), comprising ([0122]-[0124] and [Fig. 9] terminal):
a transceiving unit (TxRU), including a transmitter unit (TxU) and a receiver unit (RxU), that transmits and receives radio frequency (RF) signals in a wireless network ([0122]-[0124] and [Fig. 9] terminal may comprise transmitter TX (transceiving unit) and receiver RX (receiver unit));
a memory ([0055] UE has memory), and
a processor coupled to the memory, the processor configured to ([0055] UE has memory coupled to processor)
configure one or more secondary carriers for the UE, wherein the UE establishes connection with the wireless network on an anchor carrier of an anchor cell ([0122]-[0124] and [Fig. 9] memory stores program (configuration module) which is configured to implement the embodiments; [0053]-[0054] and [Fig. 2] primary carrier C1 (anchor carrier of an anchor cell) and one or more secondary carriers such as C2 and C3 are configured on the terminal, where the terminal transmits uplink data to the eNB via the primary carrier C1 (establishes connection with the wireless network on an anchor carrier of an anchor cell));
Miao does not explicitly teach determine a switch pattern for a data transceiving on the anchor carrier and the one or more secondary carriers; and
select transmitting and receiving resources based on the switch pattern for the data transceiving.
It should be noted that Miao does teach the terminal receiving a measurement gap which indicates that the terminal is to switch its sending of reference signals between the primary carrier and the secondary carriers within the measurement gap, where the transmission order may be predefined by the terminal or provided by signaling. Although this does read on the switch pattern, for the sake of prosecution, Dimou is introduced below to teach this feature.
Dimou teaches determine a switch pattern for a data transceiving on the anchor carrier and the one or more secondary carriers ([0077] UE comprises processor coupled with memory that stores instructions configured to perform the operations (switch pattern module); [0102] and [0139] UE performs switching between the first component carrier (anchor carrier) and the second component carrier (secondary carrier) based on the semi-static cell switching pattern, where the UE determines how to perform the switching based on the pattern (determining switch pattern)); and
select transmitting and receiving resources based on the switch pattern for the data transceiving ([0068] and [0071] UE comprises a receive processor and a transmit processor (transceiving controller); [0127]-[0128] UE identifies and uses certain resources to be used based on the carrier switching pattern).
Miao and Dimou are considered to be analogous to the claimed invention, as they are both in the same field of configuring carrier switching in a terminal. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao to include the teachings of Dimou where the resources are identified based on the carrier switching pattern. The rationale behind this would be to increase wireless communication reliability for the UE ([0047] Dimou).
Regarding claim 13, Miao modified by Dimou teaches The method of claim 12, as is described above.
Miao does not explicitly teach wherein the switch pattern is semi-static, and wherein the semi-static switch pattern is configured by a UE-specific radio resource control (RRC) signaling for each carrier, derived from a time divisional duplex (TDD) configuration for each carrier, or determined by a TxRU hopping formula, as it does not explicitly teach that the switch pattern is semi-static. It should however be noted that Miao does teach that the system is a time divisional duplex TDD system, and the base station determines periodicity of transmissions for the reference signals and sends a trigger to the terminal to perform the switching and transmissions of the reference signals (TDD configuration for each carrier) based on the measurement gap, which is configured with a configuration message.
However, Dimou does teach wherein the switch pattern is semi-static, and wherein the semi-static switch pattern is configured by a UE-specific radio resource control (RRC) signaling for each carrier, derived from a time divisional duplex (TDD) configuration for each carrier, or determined by a TxRU hopping formula ([0008] and [0098] carrier switching pattern may be semi-statically configured for the UE in a RRC configuration).
Miao and Dimou are considered to be analogous to the claimed invention, as they are both in the same field of configuring carrier switching in a terminal. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao to include the teachings of Dimou where the switching pattern is semi-static. The rationale behind this would be to increase wireless communication reliability for the UE ([0047] Dimou).
Regarding claim 14, Miao modified by Dimou teaches The method of claim 12, as is described above.
Miao does not explicitly teach wherein the switch pattern is dynamically configured through downlink control information (DCI). It should be noted that Miao does teach that the measurement gap (which is what determines the switching pattern) is configured based on a dynamic configuration message.
However, Dimou does teach wherein the switch pattern is dynamically configured through downlink control information (DCI) ([0008] and [0098] carrier switching pattern may be dynamically configured for the UE in DCI).
Miao and Dimou are considered to be analogous to the claimed invention, as they are both in the same field of configuring carrier switching in a terminal. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao to include the teachings of Dimou where the switching pattern is dynamic and received through DCI. The rationale behind this would be to increase wireless communication reliability for the UE ([0047] Dimou).
Regarding claim 15, Miao modified by Dimou teaches The method of claim 12, as is described above.
Miao does not explicitly teach wherein the switch pattern is configured in a hybrid mode for the TxU and the RxU with a combination of a semi-static switch pattern and a dynamic switch pattern.
However, Dimou does teach wherein the switch pattern is configured in a hybrid mode for the TxU and the RxU with a combination of a semi-static switch pattern and a dynamic switch pattern ([0008] and [0098] carrier switching pattern may be a combination of semi-statically and dynamically configured for the UE (hybrid mode with combination of semi-static and dynamic switch pattern)).
Miao and Dimou are considered to be analogous to the claimed invention, as they are both in the same field of configuring carrier switching in a terminal. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao to include the teachings of Dimou where the switching pattern is a combination of semi-static and dynamic. The rationale behind this would be to increase wireless communication reliability for the UE ([0047] Dimou).
Regarding claim 18, Miao modified by Dimou teaches The method of claim 12, as is described above.
Miao does not explicitly teach wherein multiple bandwidth parts (BWPs) are configured for one or more carriers comprising the anchor carrier and the one or more secondary carriers, and corresponsive to switching to a carrier, a corresponding BWP of the switched-to carrier is selected based on one of: (i) through a BWP linkage based on BWP ID, (ii) through a predefined BWP, or (iii) through a BWP hopping.
However, Dimou does teach wherein multiple bandwidth parts (BWPs) are configured for one or more carriers comprising the anchor carrier and the one or more secondary carriers, and corresponsive to switching to a carrier, a corresponding BWP of the switched-to carrier is selected based on one of: (i) through a BWP linkage based on BWP ID, (ii) through a predefined BWP, or (iii) through a BWP hopping ([0097] each carrier includes a subset of a frequency range of a bandwidth part BWP allocated for communication, where the plurality of carriers may be included in the same BWP or in different BWPs, and the BWP is allocated for communication between the UE and the base station (selected BWP is based on predefined BWP)),
Miao and Dimou are considered to be analogous to the claimed invention, as they are both in the same field of configuring carrier switching in a terminal. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao to include the teachings of Dimou where each carrier includes a subset of a frequency range of a BWP. The rationale behind this would be to increase wireless communication reliability for the UE ([0047] Dimou).
Regarding claim 19, Miao modified by Dimou teaches The method of claim 12, as is described above.
Miao further teaches wherein the one or more secondary carriers are supplementary carriers of the anchor cell, and wherein the anchor carrier is TDD carrier or frequency division duplex (FDD) carrier, and wherein the supplementary carrier is configured as a TDD carrier, a FDD carrier, a supplementary uplink carrier (SUL), or a supplementary downlink carrier (SDL) ([0051] and [0053] secondary carriers are configured on the terminal for additional downlink reception and uplink transmission with the base station, where the secondary carriers correspond to Scells that can be configured to be a new Pcell (supplementary carriers of the anchor cell), and the primary carrier and the secondary carriers are configured to be used in a TDD system (TDD carriers), but can also be extended to a FDD system (FDD carriers)).
Regarding claim 20, Miao modified by Dimou teaches The method of claim 12, as is described above.
Miao further teaches wherein the one or more secondary carriers are supplementary cells different from the anchor cell ([0051] and [0053] secondary carriers are configured on the terminal for additional downlink reception and uplink transmission with the base station, where the secondary carriers correspond to Scells (supplementary carriers of a cell different from the anchor cell)),
Miao does not explicitly teach and wherein the supplementary cells are activated with MAC control element (CE).
However, Dimou does teach and wherein the supplementary cells are activated with MAC control element (CE) ([0098] carriers can be configured via MAC-CE).
Miao and Dimou are considered to be analogous to the claimed invention, as they are both in the same field of configuring carrier switching in a terminal. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao to include the teachings of Dimou where the carriers can be configured via MAC-CE. The rationale behind this would be to increase wireless communication reliability for the UE ([0047] Dimou).
Claims 5-7, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Miao at el (US 20180198581 A1), Dimou et al (US 20230224087 A1), and further in view of Nory et al (US 20230188306 A1).
Regarding claim 5, Miao modified by Dimou teaches The method of claim 1, as is described above.
Miao does not explicitly teach further comprising: configuring one or more switch gaps along with each TxU or RxU carrier switch based on the switch pattern, wherein there is no data transceiving during each switch gap.
However, Nory does teach further comprising: configuring one or more switch gaps along with each TxU or RxU carrier switch based on the switch pattern, wherein there is no data transceiving during each switch gap ([0054]-[0057] and [Fig. 3]-[Fig. 5] switching gaps are defined based on the TDD pattern(s) (switch pattern) so that the UE can switch back and forth between uplink and downlink for transmission and reception, where there is a gap with no transmission or reception during switching).
Miao, Dimou, and Nory are considered to be analogous to the claimed invention, as they are all in the same field of configuring carrier switching on a UE. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao/Dimou to include the teachings of Nory where the UE switches back and forth between uplink and downlink based on the TDD pattern using switching gaps. The rationale behind this would be to allow the UE more flexibility to improve/optimize overall uplink performance ([0013] Nory).
Regarding claim 6, Miao modified by Dimou and Nory teaches The method of claim 5, as is described above.
Miao does not explicitly teach wherein TxRU switch gap locations are configured separately for the TxU and the RxU.
However, Nory does teach wherein TxRU switch gap locations are configured separately for the TxU and the RxU ([0054]-[0057] and [Fig. 3]-[Fig. 5] switching gaps are configured to be in different locations for both uplink and downlink switching).
Miao, Dimou, and Nory are considered to be analogous to the claimed invention, as they are all in the same field of configuring carrier switching on a UE. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao/Dimou to include the teachings of Nory where the UE switches back and forth between uplink and downlink based on the TDD pattern using switching gaps. The rationale behind this would be to allow the UE more flexibility to improve/optimize overall uplink performance ([0013] Nory).
Regarding claim 7, Miao modified by Dimou and Nory teaches The method of claim 5, as is described above.
Miao does not explicitly teach wherein joint switch gap locations are configured for the TxU and the RxU, and wherein each carrier is configured with joint switch pattern and gap location in slot or symbol level, or a combination of slot and symbol level.
However, Nory does teach wherein joint switch gap locations are configured for the TxU and the RxU, and wherein each carrier is configured with joint switch pattern and gap location in slot or symbol level, or a combination of slot and symbol level ([0054]-[0057] and [Fig. 3]-[Fig. 5] slots indicated with S show switching between downlink and uplink carriers for the UE, where there is some gap to allow the switching (joint switch gap locations), where the gaps are configured according to the TDD pattern(s) (joint switch pattern), and each switch is configured using slots and symbols).
Miao, Dimou, and Nory are considered to be analogous to the claimed invention, as they are all in the same field of configuring carrier switching on a UE. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao/Dimou to include the teachings of Nory where the UE switches back and forth between uplink and downlink based on the TDD pattern using switching gaps. The rationale behind this would be to allow the UE more flexibility to improve/optimize overall uplink performance ([0013] Nory).
Regarding claim 16, Miao modified by Dimou teaches The method of claim 12, as is described above.
Miao does not explicitly teach further comprising a switch gap module that configures one or more switch gaps along with each TxU or RxU carrier switch based on the switch pattern, wherein there is no data transceiving during each switch gap.
However, Nory does teach further comprising a switch gap module that configures one or more switch gaps along with each TxU or RxU carrier switch based on the switch pattern, wherein there is no data transceiving during each switch gap ([0054]-[0057] and [Fig. 3]-[Fig. 5] switching gaps are defined based on the TDD pattern(s) (switch pattern) so that the UE can switch back and forth between uplink and downlink for transmission and reception, where there is a gap with no transmission or reception during switching).
Miao, Dimou, and Nory are considered to be analogous to the claimed invention, as they are all in the same field of configuring carrier switching on a UE. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Miao/Dimou to include the teachings of Nory where the UE switches back and forth between uplink and downlink based on the TDD pattern using switching gaps. The rationale behind this would be to allow the UE more flexibility to improve/optimize overall uplink performance ([0013] Nory).
Regarding claim 17, Miao modified by Dimou teaches The method of claim 16, as is described above.
Miao does not explicitly teach wherein TxRU switch gap locations are configured separately for the TxU and the RxU, or each carrier is configured with joint switch pattern and gap location in slot or symbol level, or a combination of slot and symbol level.
However, Nory does teach wherein TxRU switch gap locations are configured separately for the TxU and the RxU, or each carrier is configured with joint switch pattern and gap location in slot or symbol level, or a combination of slot and symbol level ([0054]-[0057] and [Fig. 3]-[Fig. 5] switching gaps are configured to be in different locations for both uplink and downlink switching).
Conclusion
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.
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/A.J.C./Examiner, Art Unit 2478
/JAY L VOGEL/Primary Examiner, Art Unit 2478
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