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 .
DETAILED ACTION
Response to Amendment
Examiner acknowledges Applicant's amendment filed on July 31, 2026.
Claims 1-30 are currently pending consideration.
Response to Arguments
Applicant's remarks filed July 31, 2026 concerning claims 1-30 have been fully considered, but are not persuasive. The reasons set forth below.
Regarding claim 1, on page 10 of Applicant's remarks, Applicant submits that the office action has not shown Athalye to disclose “the first type of radio frequency thresholds comprising at least an in-band performance threshold and an out of band performance threshold”
In response to applicant’s remarks, the examiner respectfully disagrees.
Athalye teaches in Fig. 4, Paragraphs [0044] to [0053] that the base station communicates power backoff to terminal. The power backoff value corresponds to the assigned bandwidth allocation. The spectral locations near edges associate with relatively high MPR, which is the in-band performance threshold. The interior locations associate with lower MPR, out of band performance threshold. Therefore, there are in-band performance thresholds and out of band performance thresholds. Examiner’s assertions are clear and proper.
Regarding claim 1, on page 11 of Applicant's remarks, Applicant submits that the office action has not shown Athalye to disclose “radio frequency thresholds comprising at least an in-band performance threshold and an out- of-band performance threshold”
In response to applicant’s remarks, the examiner respectfully disagrees.
Athalye teaches in Fig. 4, Paragraphs [0044] to [0053] that the base station communicates power backoff to terminal. The power backoff value corresponds to the assigned bandwidth allocation. The spectral locations near edges associate with relatively high MPR, which is the in-band performance threshold. The interior locations associate with lower MPR, out of band performance threshold. Therefore, there are in-band performance thresholds and out of band performance thresholds. Examiner’s assertions are clear and proper.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 14, 16, 17, 21-25 and 27-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Athalye (WO 2009/094525 A1).
1. Regarding claims 1 and 28, Athalye teaches a method and user equipment (UE), comprising:
one or more memories storing processor-executable code; and
one or more processors coupled with the one or more memories and
individually or collectively operable to execute the code to cause the UE to:
receive a first message that configures the UE with a first type of
radio frequency thresholds from a plurality of types of radio frequency
thresholds supported by the UE, the first type of radio frequency thresholds
comprising at least an in-band performance threshold and an out-of-band
performance threshold (Fig. 4, Paragraphs [0044] to [0052] base station communicates power backoff to terminal; spectral locations near edges associated with relatively high MPR and interior locations associated with lower MPR); and
transmit a second message that satisfies the in-band performance
threshold and the out-of-band performance threshold based at least in part on a
radio frequency configuration for the UE corresponding to the first type of radio
frequency thresholds (Fig. 4, Paragraphs [0044] to [0053] base station communicates power backoff to terminal; spectral locations near edges associated with relatively high MPR and interior locations associated with lower MPR).
2. Regarding claims 2 and 29, Athalye teaches, wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to:
select the radio frequency configuration for the UE based at least in part
on the first message (Fig. 4, Paragraphs [0044] to [0053] mobile station receives a bandwidth allocation; reference a power lookup table).
3. Regarding claim 3, Athalye teaches, wherein, to select the radio frequency
configuration for the UE, the one or more processors are individually or collectively
operable to execute the code to cause the UE to:
set a power amplifier bias value, a power amplifier current value, a
threshold transmit power level, or a combination thereof for the UE, wherein the second
message is transmitted according to the power amplifier bias value, the power amplifier
current value, the threshold transmit power level, or the combination thereof (Fig. 4, Paragraphs [0044] to [0053] base station communicates power backoff to terminal; spectral locations near edges associated with relatively high MPR and interior locations associated with lower MPR; terminal utilizes power amplifier to apply appropriate power level).
4. Regarding claim 14, Athalye teaches wherein the one or more processors are
individually or collectively further operable to execute the code to cause the UE to:
communicate one or more uplink messages, one or more sidelink
messages, one or more downlink messages, or any combination thereof based at least in part on the radio frequency configuration for the UE (Fig. 4, Paragraphs [0044] to [0053] base station communicates power backoff to terminal; spectral locations near edges associated with relatively high MPR and interior locations associated with lower MPR; terminal utilizes power amplifier to apply appropriate power level).
5. Regarding claims 16 and 30, Athalye teaches a network entity, comprising:
one or more memories storing processor-executable code; and
one or more processors coupled with the one or more memories and
individually or collectively operable to execute the code to cause the network entity to:
transmit, for a user equipment (UE), a first message that configures the UE with a first type of radio frequency thresholds from a plurality of types of radio frequency
thresholds supported by the UE, the first type of radio frequency thresholds
comprising at least an in-band performance threshold and an out-of-band
performance threshold (Fig. 4, Paragraphs [0044] to [0052] base station communicates power backoff to terminal; spectral locations near edges associated with relatively high MPR and interior locations associated with lower MPR); and
receive a second message that satisfies the in-band performance
threshold and the out-of-band performance threshold based at least in part on a
radio frequency configuration for the UE corresponding to the first type of radio
frequency thresholds (Fig. 4, Paragraphs [0044] to [0053] base station communicates power backoff to terminal; spectral locations near edges associated with relatively high MPR and interior locations associated with lower MPR).
6. Regarding claim 17, Athalye teaches wherein the one or more
processors are individually or collectively further operable to execute the code to cause
the network entity to:
determine the first type of radio frequency thresholds for the UE based at
least in part on a distribution of UEs within a cell associated with the network entity, a
location of the UE within the cell, a cell load for the cell, a scheduling distribution for
communications associated with the UEs within the cell, an application type for the UE,
a power threshold associated with the UE, a subscription plan associated with the UE, or any combination thereof (Fig. 4, Paragraphs [0044] to [0052] base station communicates power backoff to terminal; spectral locations near edges associated with relatively high MPR and interior locations associated with lower MPR).
7. Regarding claim 21, Athalye teaches wherein the one or more
processors are individually or collectively further operable to execute the code to cause
the network entity to:
transmit, for a second UE different from the UE, a sixth message
scheduling one or more communications for the second UE based at least in part on the
radio frequency configuration for the UE (Fig. 4, Paragraphs [0044] to [0052] base station communicates power backoff to terminal; spectral locations near edges associated with relatively high MPR and interior locations associated with lower MPR).
8. Regarding claim 22, Athalye teaches wherein the one or more
processors are individually or collectively further operable to execute the code to cause
the network entity to:
determine a first bandwidth part associated with the radio frequency
configuration for the UE; and schedule the one or more communications for the second UE for a second bandwidth part different from the first bandwidth part based at least in part on the radio frequency configuration for the UE (Fig. 4, Paragraphs [0044] to [0052] base station communicates power backoff to terminal; spectral locations near edges associated with relatively high MPR and interior locations associated with lower MPR).
9. Regarding claim 23, Athalye teaches wherein the one or more
processors are individually or collectively further operable to execute the code to cause
the network entity to:
predict interference associated with the second message based at least in
part on the first type of radio frequency thresholds configured for the UE; and
schedule the one or more communications for the second UE based at
least in part on the predicted interference (Fig. 2 and 4, Paragraphs [0044] to [0052] minimize interference at locations within a frequency band).
10. Regarding claim 24, Athalye teaches wherein the one or more
processors are individually or collectively further operable to execute the code to cause
the network entity to:
transmit, for a second UE different from the UE, a seventh message that
configures the second UE with a second type of radio frequency thresholds from a
second plurality of types of radio frequency thresholds supported by the second UE
based at least in part on the first type of radio frequency thresholds configured for the
UE (Fig. 2 and 4, Paragraphs [0044] to [0052] lookup tables; minimize interference at locations within a frequency band).
11. Regarding claim 25, Athalye teaches wherein the one or more
processors are individually or collectively further operable to execute the code to cause
the network entity to:
transmit, for a second UE different from the UE, an eight message that
configures the second UE with a modulation and coding scheme value based at least in
part on a predicted impact of the first type of radio frequency thresholds configured for
the UE on the second UE (Fig. 2 and 4, Paragraph [0043] modulation and coding scheme).
12. Regarding claim 27, Athalye teaches wherein the one or more
processors are individually or collectively further operable to execute the code to cause
the network entity to:
communicate one or more uplink messages, one or more downlink
messages, or any combination thereof based at least in part on the radio frequency
configuration for the UE (Fig. 4, Paragraphs [0044] to [0052] base station communicates power backoff to terminal; spectral locations near edges associated with relatively high MPR and interior locations associated with lower MPR).
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 4-13, 15, 18-20 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Athalye (WO 2009/094525 A1) in view of Mukkavilli et al. (US 2020/0374804 A1).
13. Regarding claims 4 and 18, Althalye does not explicitly disclose, wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to:
transmit a third message reporting the plurality of types of radio
frequency thresholds supported by the UE, wherein the first message that configures the UE is in accordance with the third message.
Mukkavilli teaches transmit a third message reporting the plurality of types of radio thresholds supported by the UE, wherein the first message that configures the UE is in accordance with the third message (Mukkavilli, Fig. 6 Paragraphs [0005], [0006], and [0113] capabilities report; select transmission efficiency operating mode).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide transmit a third message reporting the plurality of types of radio frequency thresholds supported by the UE, wherein the first message that configures the UE is in accordance with the third message as taught by Mukkavilli in the system of Althalye for supporting different modes of operation see abstract of Mukkavilli.
14. Regarding claims 5 and 19, Althalye does not explicitly disclose, wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to:
transmit a fourth message reporting a capability of the UE to
dynamically switch between the plurality of types of radio frequency thresholds
supported by the UE, wherein the first message is received based at least in part on the
capability of the UE.
Mukkavilli teaches transmit a fourth message reporting a capability of the UE to
dynamically switch between the plurality of types of radio frequency thresholds
supported by the UE, wherein the first message is received based at least in part on the
capability of the UE (Mukkavilli, Fig. 6 Paragraphs [0005], [0006], [0050] and [0113] capabilities report; select transmission efficiency operating mode).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide transmit a fourth message reporting a capability of the UE to
dynamically switch between the plurality of types of radio frequency thresholds
supported by the UE, wherein the first message is received based at least in part on the
capability of the UE as taught by Mukkavilli in the system of Althalye for supporting different modes of operation see abstract of Mukkavilli.
15. Regarding claims 6 and 20, Althalye does not explicitly disclose, wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to:
transmit a fifth message requesting to switch to the first type of radio
frequency thresholds based at least in part on a current battery power of the UE, an
active radio configuration for the UE, or both, wherein the first message is received
based at least in part on the fifth message.
Mukkavilli teaches transmit a fifth message requesting to switch to the first type of radio frequency thresholds based at least in part on a current battery power of the UE, an active radio configuration for the UE, or both, wherein the first message is receivedbased at least in part on the fifth message (Mukkavilli, Fig. 6 Paragraphs [0005], [0006], [0050] and [0113] capabilities report; select transmission efficiency operating mode; battery).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide transmit a fifth message requesting to switch to the first type of radio frequency thresholds based at least in part on a current battery power of the UE, an active radio configuration for the UE, or both, wherein the first message is received based at least in part on the fifth message as taught by Mukkavilli in the system of Althalye for supporting different modes of operation see abstract of Mukkavilli.
16. Regarding claim 7, Althalye in view of Mukkavilli teaches wherein the fifth message comprises a UE assistance information message (Mukkavilli, Fig. 6 Paragraphs [0005], [0006], [0050] and [0113] capabilities report; select transmission efficiency operating mode; battery).
17. Regarding claims 8 and 26, Althalye does not explicitly disclose, wherein the first message comprises a first radio resource control message, a first medium access control element, or a first combination thereof.
Mukkavilli teaches wherein the first message comprises a first radio resource control message, a first medium access control element, or a first combination thereof
(Mukkavilli Paragraphs [0114] and [0120] RRC and MAC signaling)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the first message comprises a first radio resource control message, a first medium access control element, or a first combination thereof as taught by Mukkavilli in the system of Althalye for supporting different modes of operation see abstract of Mukkavilli.
18. Regarding claim 9, Althalye in view of Mukkavilli teaches wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to:
switch to the radio frequency configuration for the UE based at least in
part on the first radio resource control message, the first medium access control
element, or the first combination thereof (Mukkavilli Paragraphs [0114] and [0120] RRC and MAC signaling);
receive a second radio resource control message, a second medium
access control element, or a second combination thereof that configures the UE with a
second type of radio frequency thresholds from the plurality of types of radio frequency
thresholds supported by the UE (Mukkavilli Paragraphs [0114] and [0120] RRC and MAC signaling); and
switch to a second radio frequency configuration for the UE
corresponding to the second type of radio frequency thresholds based at least in part on
the second radio resource control message, the second medium access control element, or the second combination thereof (Mukkavilli Paragraphs [0114] and [0120] RRC and MAC signaling).
19. Regarding claim 10, Althalye does not explicitly disclose, wherein the first message comprises a downlink control information message.
Mukkavilli teaches wherein the first message comprises a
downlink control information message (Mukkavilli Paragraphs [0114] and [0120] previously provided to the UE).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the first message comprises a downlink control information message as taught by Mukkavilli in the system of Althalye for supporting different modes of operation see abstract of Mukkavilli.
20. Regarding claim 11, Althalye in view of Mukkavilli teaches wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to:
switch from a first radio frequency configuration for the UE to the radio
frequency configuration for the UE for a transmission opportunity associated with the
second message based at least in part on the downlink control information message
indicating the transmission opportunity (Althalye, Fig. 4, Paragraphs [0044] to [0053] base station communicates power backoff to terminal; spectral locations near edges associated with relatively high MPR and interior locations associated with lower MPR; terminal utilizes power amplifier to apply appropriate power level; Mukkavilli Paragraphs [0114] and [0120]); and
switch back to the first radio frequency configuration for the UE for a
subsequent transmission opportunity (Althalye Fig. 4, Paragraphs [0044] to [0053] base station communicates power backoff to terminal; spectral locations near edges associated with relatively high MPR and interior locations associated with lower MPR; terminal utilizes power amplifier to apply appropriate power level).
21. Regarding claim 12, Althalye does not explicitly disclose, wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to:
communicate in accordance with a default type of radio frequency
thresholds prior to receiving the first message that configures the UE with the first type
of radio frequency thresholds.
Mukkavilli teaches wherein the one or more processors are
individually or collectively further operable to execute the code to cause the UE to:
communicate in accordance with a default type of radio frequency
thresholds prior to receiving the first message that configures the UE with the first type
of radio frequency thresholds (Mukkavilli Paragraphs [0114] and [0120] predetermined at the UE).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to: communicate in accordance with a default type of radio frequency
thresholds prior to receiving the first message that configures the UE with the first type
of radio frequency thresholds as taught by Mukkavilli in the system of Althalye for supporting different modes of operation see abstract of Mukkavilli.
22. Regarding claim 13, Althalye does not explicitly disclose, wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to: store a lookup table that maps one or more types of radio frequency
thresholds from the plurality of types of radio frequency thresholds supported by the UE
to one or more respective radio frequency configurations for the UE; and
determine the radio frequency configuration for the UE corresponding to
the first type of radio frequency thresholds based at least in part on the lookup table.
Mukkavilli teaches wherein the one or more processors are
individually or collectively further operable to execute the code to cause the UE to:
store a lookup table that maps one or more types of radio frequency
thresholds from the plurality of types of radio frequency thresholds supported by the UE
to one or more respective radio frequency configurations for the UE (Paragraph [0114] lookup table); and determine the radio frequency configuration for the UE corresponding to the first type of radio frequency thresholds based at least in part on the lookup table.
(Mukkavilli Paragraphs [0114] and [0120] each indexed entry provides an indication of the UE capabilities).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide store a lookup table that maps one or more types of radio frequency thresholds from the plurality of types of radio frequency thresholds supported by the UE to one or more respective radio frequency configurations for the UE; and
determine the radio frequency configuration for the UE corresponding to
the first type of radio frequency thresholds based at least in part on the lookup table
as taught by Mukkavilli in the system of Althalye for supporting different modes of operation see abstract of Mukkavilli.
23. Regarding claim 15, Althalye does not explicitly disclose, wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to:
wherein the first type of radio frequency
thresholds indicates a signal quality for transmission at the UE, wherein the second
message is transmitted based at least in part on the signal quality for transmission. Mukkavilli teaches wherein the first type of radio frequency
thresholds indicates a signal quality for transmission at the UE, wherein the second
message is transmitted based at least in part on the signal quality for transmission (Mukkavilli Paragraph [0073] indication of signal quality).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the first type of radio frequency thresholds indicates a signal quality for transmission at the UE, wherein the second message is transmitted based at least in part on the signal quality for transmission as taught by Mukkavilli in the system of Althalye for supporting different modes of operation see abstract of Mukkavilli.
Conclusion
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 DIANE LEE LO whose telephone number is (571)270-1952. The examiner can normally be reached Monday - Friday 8 am - 5 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at (571)272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIANE L LO/Primary Examiner, Art Unit 2466
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