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 .
Claims 1-20 are pending.
Amendments filed 09/17/2026 are entered
Response to Arguments
Applicant’s arguments of 09/17/2026 have been fully considered however is/are moot in view of a new ground of rejection necessitated by the amendment.
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.
Claim(s) 1-3, 5, 11, 12, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Awoniyi-Oteri et al. (US 2023/0052328) in view of Secom (JP 6910913B2).
As to claim 1:
Awoniyi-Oteri discloses:
An apparatus for wireless communication, the apparatus comprising: one or more memories; and one or more processors coupled to the one or more memories configured to (See ¶0053, 0054, 0009, 0032, UE with processor/memory, can be wearable XR device)
cause the apparatus to:
collect data using one or more sensors; (¶0118, 0050, 0059-0062, using sensors obtaining sensed data)
predict a future orientation and position of the apparatus based on the collected data; (¶0064-0068, based on a series of collected data, i.e. orientation information (3-DOF or 6-DOF position/orientation), generate a predicted position and orientation associated with a determined future time)
prepare a configuration of the apparatus for at least one of antenna switching or beam switching in response to the predicted future orientation and position of the apparatus; (See ¶0072-0076, 0078-0080, 0086, using the predicted future data corresponding to future orientation and position, the UE obtains a new beam configuration, i.e. beam layout information, beam orientation, beam width, TCI states, antenna configuration) to be deployed with performance suitable with the predicted )
and perform the at least one of the antenna switching or beam switching, using the prepared configuration of the apparatus after the preparation of the configuration, in response to a detected current orientation and position of the apparatus. (See ¶0082, 0091, 0097, the UE deploys the prepared new changes to beam/antenna configuration mentioned above in response to analysis of the prediction)
Awoniyi-Oteri already resembles the claimed invention in teaching perform the antenna/beaming switching after the preparation of the configuration, and in a future time (See at least ¶0063-0064, 0083-0085).
Awoniyi-Oteri differs from the claimed in the specific trigger, namely Awoniyi-Oteria apply the prepared antenna configuration when the apparatus determines a specific time duration (time) has been met (per at least ¶0063-0064), instead of the claimed determining a detected current orientation and position of the apparatus is within a pre-specific range of predicted orientation time and position.
However, using spatial thresholds (instead of time) to trigger a specific action is well established in the art:
Secom, in an analogous art of adjustment of a transmitter beam based on spatial criteria, discloses in page 9 a system wherein current and future position and operation of an object are tracked. the camera control means 73 predicts when the difference in orientation between the current position and the predicted position of the moving object with respect to the camera is less than a predetermined threshold angle, as compared with the case where the difference is equal to or more than a predetermined threshold angle. Based on whether or not the threshold is met, the manner of control of a direction laser transmitter is adjusted. Therefore, Secom provided the design caveat of triggering a known transmission setting in response to a detected current orientation and position of the apparatus is within a pre-specific range of predicted orientation time and position.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention to substitute the time-based trigger of Awoniyi-Oteri with the spatial-trigger similar to Secom wherein triggering a known transmission setting in response to a detected current orientation and position of the apparatus is within a pre-specific range of predicted orientation time and position. Awoniyi-Oteria already track current and predict future location/orientations, thus providing the necessary variables for Secom’s implementation, thus promptly facilitate the substitution. This implementation advantageously adapt to real-time movement of the device rather than a rigid time duration requirement, thus avoiding errors in case the device changes trajectory unexpectedly (in which case Secom’s design would immediate notice).
As to claims 19 and 20:
Awoniyi-Oteri discloses:
A method and a non-transitory computer readable medium storing computer executable code for wireless communication by a user equipment (UE)/apparatus, the computer executable code for executing said method for wireless communication by a user equipment (UE) (See ¶0053, 0054, 0009, 0032, UE with processor/memory, can be wearable XR device), the method comprising: collecting data using one or more sensors; (¶0118, 0050, 0059-0062, using sensors obtaining sensed data)
predicting a future orientation and position of the UE/apparatus based on the collected data; (¶0064-0068, based on a series of collected data, i.e. orientation information (3-DOF or 6-DOF position/orientation), generate a predicted position and orientation associated with a determined future time)
preparing a configuration of the UE/apparatus for at least one of antenna switching or beam switching in response to the predicted future orientation and position of the UE; (See ¶0072-0076, 0078-0080, 0086, using the predicted future data corresponding to future orientation and position, the UE obtains a new beam configuration, i.e. beam layout information, beam orientation, beam width, TCI states, antenna configuration) to be deployed with performance suitable with the predicted ) and performing the at least one of the antenna switching or beam switching, using the prepared configuration of the UE/apparatus, in response to a detected current orientation and position of the UE/apparatus. (See ¶0082, 0091, 0097, the UE deploys the new changes to beam/antenna configuration mentioned above in response to analysis of the prediction)
Awoniyi-Oteri already resembles the claimed invention in teaching perform the antenna/beaming switching after the preparation of the configuration, and in a future time (See at least ¶0063-0064, 0083-0085).
Awoniyi-Oteri differs from the claimed in the specific trigger, namely Awoniyi-Oteria apply the prepared antenna configuration when the apparatus determines a specific time duration (time) has been met (per at least ¶0063-0064), instead of the claimed determining a detected current orientation and position of the apparatus is within a pre-specific range of predicted orientation time and position.
However, using spatial thresholds (instead of time) to trigger a specific action is well established in the art:
Secom, in an analogous art of adjustment of a transmitter beam based on spatial criteria, discloses in page 9 a system wherein current and future position and operation of an object are tracked. the camera control means 73 predicts when the difference in orientation between the current position and the predicted position of the moving object with respect to the camera is less than a predetermined threshold angle, as compared with the case where the difference is equal to or more than a predetermined threshold angle. Based on whether or not the threshold is met, the manner of control of a direction laser transmitter is adjusted. Therefore, Secom provided the design caveat of triggering a known transmission setting in response to a detected current orientation and position of the apparatus is within a pre-specific range of predicted orientation time and position.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention to substitute the time-based trigger of Awoniyi-Oteri with the spatial-trigger similar to Secom wherein triggering a known transmission setting in response to a detected current orientation and position of the apparatus is within a pre-specific range of predicted orientation time and position. Awoniyi-Oteria already track current and predict future location/orientations, thus providing the necessary variables for Secom’s implementation, thus promptly facilitate the substitution. This implementation advantageously adapt to real-time movement of the device rather than a rigid time duration requirement, thus avoiding errors in case the device changes trajectory unexpectedly (in which case Secom’s design would immediate notice).
As to claim 2:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 1, wherein the apparatus comprises an XR head mounted display, smart glasses, or other wearable XR device. (See Awoniyi-Oteri, ¶0053, 0054, 0009, 0032, UE with processor/memory, can be wearable XR device)
As to claim 3:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 1, wherein the one or more processors are configured to further cause the apparatus to collect head tracking data of a user associated with the apparatus. (See Awoniyi-Oteri, ¶0054, tracking head movement/rotation of a user wearing the head-mounted UE)
As to claim 5:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 3, wherein the one or more processors are further configured to cause the apparatus to input the head tracking data of the user associated with the apparatus to a trained machine learning model to predict the future orientation and position of the apparatus. (See Awoniyi-Oteri, at least ¶0054, 57, 0067, 0070, inputting current orientation data to generate output including prediction of future location and orientation)
As to claim 11:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 1, wherein the one or more processors are configured to cause the apparatus to: obtain a plurality of predefined antenna switching configurations associated with a plurality of apparatus orientations and positions; and prepare one of the plurality of predefined antenna switching configurations associated the predicted apparatus orientation and position. (See Awoniyi-Oteri, at least ¶0084-0085, a plurality of configurations associated with predicted orientation and positions at different time points in future and deploys the respective configuration at each of the predicted time)
As to claim 12:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 1, wherein the one or more processors are configured to cause the apparatus to prepare for the antenna switching before a measured signal quality meets an antenna switching trigger threshold. (See Awoniyi-Oteri, at least ¶0057, a beam configuration is expected to provide threshold performance. The UE proactive changes beam before the degradation below said level)
As to claim 17:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 1, wherein the one or more processors are configured to cause the apparatus to: obtain a plurality of predefined beam switching configurations associated with a plurality of apparatus orientations and positions; and prepare one of the plurality of predefined beam switching configurations associated the predicted apparatus orientation and position. (See Awoniyi-Oteri, ¶0071-0075, 0064, the UE determines a plurality predictions at different corresponding future times and determines predicted beam configuration for each of said predictions)
As to claim 18:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 1, wherein the one or more processors are configured to cause the apparatus to: predict a set of future candidate beams based on the predicted future orientation and position of the apparatus; and prioritize measurements on the predicted set of future candidate beams. (See Awoniyi-Oteri, ¶0072-0076, a plurality of beams are targeted for performance measurements at the predicted time/orientation. The UE measures their respective performances in timely manner so as to determine the appropriate configuration with best performance)
Claim(s) 8-10, 15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Awoniyi-Oteri et al. (US 2023/0052328) in view of Secom (JP 6910913B2) and further in view of Mammoser et al. (US 2016/0315676).
As to claim 15:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 1, Awoniyi-Oteri discloses wherein the one or more processors are configured to cause the apparatus to: periodically determine the current orientation and position of the apparatus; (See Awoniyi-Oteri, ¶0054, UE keeps the network updated of its orientation information periodically, i.e. the information is periodically tracked and transmitted)
identify, based on the current orientation and position of the apparatus, one or more TCI state, i.e. configuration by each of one or more antennas of the apparatus (See ¶0084-0085, identify a plurality of TCI state configuration for antennas of the UE); and in response to identification of the predicted future orientation of the apparatus falls within a different sector than the one or more sectors, (See ¶0055, “the movement or rotation of the user's head, and therefore the HMD, may cause the beams of the HMD to become unaligned with the beams of the base station”, i.e. falling into a different sector. See ¶0072-0076, 0078-0080, 0086, using the predicted future data corresponding to future orientation and position, the UE obtains a new beam configuration (i.e. different from current one), i.e. beam layout information, beam orientation, beam width, TCI states, antenna configuration) to be deployed with performance suitable with the predicted )
prepare a radio frequency (RF) tune script for the beam switching (See ¶0048, operations/processes described of the UE are driven by executing software instructions/commands, “compiling, converting, and/or interpreting” the software instruction codes automatically, i.e. “script”. See ¶0050, 0091, 0010, the instruction script facilitate changing configuration of antenna set, i.e. beam switching, from current one to another as appropriate to maintain connection integrity, i.e. RF tuning)
Except Awoniyi-Oteri does not explicitly refers to each antenna TCI configurations as a sector.
However, as known in the art, per Mammoser, ¶0026, 0036 in a same field of beamforming, discloses an antenna patter/configuration are responsible for their respective sectors and may be assigned a corresponding sector ID, wherein each of the sectors are identified and evaluated to select a best antenna configuration for beamforming.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the identifying and evaluation of TCI state configuration of Awoniyi-Oteri can be regarded as evaluation of each sector in view of Mammoser. By assigning sector ID for each of configuration, this implementation advantageously enables the system to effectively distinct one configuration to another in term of spatial sense.
As to claim 16:
Awoniyi-Oteri in view of Secom in view of Mammoser discloses all limitations of claim 15, wherein the one or more processors are configured to cause the apparatus to execute the RF tune scrip for the beam switching in response to a measured signal quality of candidate beam satisfying the beam switching threshold. (¶0038 of Mammoser, “wireless network device 100 may select the antenna configuration that results in the best quality (e.g., the best PHY rate) for receiving transmissions from the remote station”. Also Awoniyi-Oteri, ¶0057, “the UE may determine beam information associated with the predicted orientation. In some aspects, the beam information may indicate a performance associated with communicating via a beam while the UE is oriented in the predicted orientation. In some aspects, the beam information may indicate a beam that is expected to provide a threshold performance while the UE is oriented in the predicted orientation”)
As to claim 8:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 1, wherein Awoniyi-Oteri discloses the one or more processors are configured to cause the apparatus to: periodically determine the current orientation and position of the apparatus; (See ¶0054, UE keeps the network updated of its orientation information periodically, i.e. the information is periodically tracked and transmitted)
identify, based on the current orientation and position of the apparatus, one or more TCI state, i.e. configuration by each of one or more antennas of the apparatus (See ¶0084-0085, identify a plurality of TCI state configuration for antennas of the UE); and in response to identification of the predicted future orientation of the apparatus falls within a different sector than the one or more sectors, (See ¶0055, “the movement or rotation of the user's head, and therefore the HMD, may cause the beams of the HMD to become unaligned with the beams of the base station”, i.e. falling into a different sector. See ¶0072-0076, 0078-0080, 0086, using the predicted future data corresponding to future orientation and position, the UE obtains a new beam configuration (i.e. different from current one), i.e. beam layout information, beam orientation, beam width, TCI states, antenna configuration) to be deployed with performance suitable with the predicted )
prepare a radio frequency (RF) tune script for the antenna switching. (See ¶0045, a plurality of antennas in the array. See ¶0055, “the movement or rotation of the user's head, and therefore the HMD, may cause the beams of the HMD to become unaligned with the beams of the base station”, See ¶0050, 0091, 0010, the instruction script facilitate changing configuration of antenna set, i.e. beam switching, from current one to another as appropriate to maintain connection integrity, i.e. RF tuning)
Except Awoniyi-Oteri does not explicitly refers to each antenna TCI configurations as a sector.
However, as known in the art, per Mammoser, ¶0026, 0036 in a same field of beamforming, discloses an antenna patter/configuration are responsible for their respective sectors and may be assigned a corresponding sector ID, wherein each of the sectors are identified and evaluated to select a best antenna configuration for beamforming.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the identifying and evaluation of TCI state configuration of Awoniyi-Oteri can be regarded as evaluation of each sector in view of Mammoser. By assigning sector ID for each of configuration, this implementation advantageously enables the system to effectively distinct one configuration to another in term of spatial sense.
As to claim 9:
Awoniyi-Oteri in view of Secom in view of Mammoser discloses all limitations of claim 8, wherein the one or more processors are configured to cause the apparatus to execute the RF tune script for the antenna switching. (See Awoniyi-Oteri ¶0048, operations/processes described of the UE are driven by executing software instructions/commands, “compiling, converting, and/or interpreting” the software instruction codes automatically, i.e. “script”. See ¶0050, 0091, 0010, the instruction script facilitate changing configuration of antenna set, i.e. beam switching, from current one to another as appropriate to maintain connection integrity, i.e. RF tuning)
As to claim 10:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 1, wherein the UE is prepared to switch to a new antenna configuration in response to prediction as applied in claim 1, however is silent on the one or more processors are configured to cause the apparatus to prepare for antenna switch diversity (ASDIV) switching based on the predicted future orientation of the apparatus.
Mammoser, in a related field of endeavor, also disclose a system for selecting the best antenna configuration, wherein the technique involves having the device to rapidly change antenna configurations in between a sequence of frames in order to choose the configuration with best performance, i.e. the technique is called antenna switch diversity switching. (¶0038)
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the system of Awoniyi-Oteri to incorporate the ASDIV technique as an option to select the appropriate antenna configuration. In view of Mammoser, ¶0038, this technique ensures the chosen antenna configuration results in the best PHY rate with try-and-true testing already done in the selection process.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Awoniyi-Oteri et al. (US 2023/0052328) in view of Secom (JP 6910913B2) further in view of Park (US 2020/0119775).
As to claim 4:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 3, however is silent on the one or more sensors comprise at least one of an inertial measurement unit (IMU), an electromyogram (EMG), or a combination thereof.
Park, in a related field of multi-antenna transmission for a UE being a smart glass, discloses the UE determining positioning data with sensor being a inertial measurement unit. (See ¶0053, 0152)
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the UE determining orientation data in Awoniyi-Oteri using sensor being the IMU sensor. Given that an IMU sensor is a combination of a gyroscope and accelerometer, See Awoniyi-Oteri at least ¶0123, sensor being gyroscope and accelerometer, one of ordinary skill in the art can contemplate the sensor is a IMU sensor as such device provides real time and high frequency data on angular movement and as such this is critical for detecting rapid and frequent head movements of the user.
Claim(s) 13, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Awoniyi-Oteri et al. (US 2023/0052328) in view of Secom (JP 6910913B2) and further in view of Zou (US 2020/0029292).
As to claim 13:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 1, however is silent on the one or more processors are configured to cause the apparatus to estimate an initial transmit power of the apparatus associated with prepared antenna switching, wherein the estimation of the initial transmit power of the apparatus is before the performance of the antenna switching.
Note that Awoniyi-Oteri discloses obtaining various parameters beam configuration in existing codebook before antenna switching in ¶0074.
Zou, in related field of endeavor, discloses in ¶0088, 0073, a predictive beamforming in response to predicted motion of a UE, wherein an initial transmission power is obtained in the beam configuration pre-determined in historical database of the UE.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the system of Awoniyi-Oteri to incorporate the estimation of an initial transmit power of the apparatus associated with prepared antenna switching. This implementation allows for the UE to readily access transmission levels that are known to have predictable results in the past, thus reducing unnecessary guess work load from the UE.
As to claim 14:
Awoniyi-Oteri in view of Secom in view of Zhou discloses all limitations of claim 13, wherein the one or more processors are configured to cause the apparatus to estimate the initial transmit power of the apparatus based on historical data of previous transmissions by the apparatus with the predicted orientation and position of the apparatus. (See Zhou ¶0088, 0073, historical data sets in the database having initial transmit power configurations, and is obtained based on predicted UE movement)
.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Awoniyi-Oteri et al. (US 2023/0052328) in view of Secom (JP 6910913B2) and further in view of Ghafarianzadeh et al. (US 2020/0307562).
As to claim 6:
Awoniyi-Oteri in view of Secom discloses all limitations of claim 5, wherein the one or more processors are configured to cause the apparatus to: set one or more future times for orientation and position prediction for the machine learning model; (See Awoniyi-Oteri, ¶0070, 0078, training the AI model using predicted orientations associated with future times)
Regarding:
optimize an orientation and position prediction error limit, for the machine learning model, based on the one or more future times to generate a final machine learning model; and predict the future orientation and position of the apparatus at the one or more future times using the final machine learning model.
Awoniyi-Oteri discloses updating/retraining the AI model using more orientation information until reaching a result that can be deployed at a UE per (¶0080, 0104-0109) for real-time usage to predict future orientation data of the UE.
Except that Awoniyi does not explicitly mention “optimize an orientation and position prediction error limit”
Ghafarianzadeh, in a related field of training location prediction AI model, discloses in at least ¶0136, 0151, a training process for an neural network model for spatial prediction, wherein the training optimize the prediction error limit by adjusting parameters/weights to minimize error.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the training of AI model in Awoniyi-Oteri includes optimize an orientation and position prediction error limit. This implementation advantageously improves accuracy, especially in context of mobility status of the UE, which is vital for antenna adjustments through minimizing errors.
Allowable Subject Matter
Claim 7 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The references’ combination of record discloses an antenna configuration preparation to trigger based on a spatial condition as applied in claim 1, however they do not specify:
“the apparatus to determine a future time for which to predict the future orientation and position of the apparatus, wherein the future time is greater than a threshold determined based on a switching time and a hardware processing time for the at least one of the antenna switching or beam switching”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2019/0150133 - Apparatuses, systems, and methods for a wireless device to perform user equipment (UE) initiated beam management procedures with a base station or gNB. A wireless device in communication with a 5G base station may detect degradation in the pair of transmit and receive beams between the gNB and the device. The device may select a preferred beam management procedure and indicate the preference to the gNB.
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 QUAN M HUA whose telephone number is (571)270-7232. The examiner can normally be reached 10:30-6:30.
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/QUAN M HUA/Primary Examiner, Art Unit 2645
