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 .
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.
Response to Amendment
This action is responsive to amendments and remarks filed 08 July 2026. Claims 1, 3-11 and 13-20 are pending in the application.
The amendments to the title of the invention filed 08 July 2026 and the specification filed 16 July 2026 are acknowledged and entered into the record.
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.
Claim(s) 1, 3-8, 11 and 13-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deenoo et al. (US 2021/0168678 A1) in view of Rudolf et al. (US 2023/0106194 A1) in view of Marinier (us 2011/0021154 A1) in view of Yang et al. (US 2024/0283718 A1).
Regarding claim 1, Deenoo appears to disclose a method performed by a user equipment in a wireless communication system, the method comprising:
establishing a wireless connection with a cell using a normal uplink (NUL) carrier ([0081] disclosing The WTRU may perform initial access to a cell using RUL”)
receiving configuration information for a supplementary uplink (SUL) carrier from the cell ([0081] disclosing “The SUL configuration may be broadcast in minimum SI by a cell”) ;
transmitting uplink data to the cell using the NUL carrier ([0026], [0036] disclosing the WTRU can communicate with the base station on the uplink; it is implicit in the disclosure that such communications occur upon successful initial access on the RUL); and
performing a random access channel (RACH) procedure using the SUL carrier ([0081] disclosing “The WTRU may select the SUL for initial access if the DL quality of the serving cell is below a threshold”; [0101] disclosing “may perform a RA procedure on the SUL if the measured DL reference signal receive power (RSRP) is below a threshold.”).
Deenoo does not expressly disclose the following; however Rudolf suggests registering the user equipment at the cell using a normal uplink (NUL) carrier allocated for the wireless connection (Fig. 6, [0106], disclosing during random access the UE receives msg-4 assigning resources which the UE uses to transmit a Registration Request).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Deenoo with the invention of Yang because this allows the UE to get authorized to receive services, to enable mobility tracking and to enable reachability ([0096]).
Marinier suggests switching based on uplink configuration information on the NUL carrier not being received from the cell for the predetermined period of time, an uplink carrier for transmitting uplink data to the cell from the NUL carrier to the SUL carrier ([0099]-[0100] disclosing the user terminal (i.e., wtru) sends a scheduling request (SR), using RACH if necessary, on the uplink and searches for DCI containing uplink grant; [0104]-[0105] disclosing resending the SR after a predefined number of subframes and if a predetermined number of SRs are sent without receiving the DCI, selecting another carrier for the SR).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Deenoo with the techniques of Marinier because this allows a user terminal to access the network using the random access procedure on an uplink carrier paired with a downlink carrier that hasn’t failed without the need to perform the RRC connection re-establishment procedure ([0141]-[0142]).
Yang suggests switching, based on a downlink resource being allocated from the cell for a predetermined period of time (Fig. 4, [0076] disclosing the UE can have good downlink coverage; but, poor uplink coverage; [0077]-[0078] disclosing the UE can be receiving duplicated PDSCH retransmissions with lack of uplink grants after scheduling request transmissions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Deenoo as suggested by Yang because this can overcome link imbalances and reduce the amount of time for recovery due to radio link failure ([0072], [0076]).
Regarding claim 3, Denoo discloses the method of claim 1, further comprising:
monitoring a physical downlink control channel (PDCCH) search space ([0145]).
Deenoo does not expressly disclose the following; however, Marinier suggest based on downlink control information (DCI) not being received for the predetermined period of time, identifying that the uplink configuration information is not received [0099]-[0100] disclosing the user terminal (i.e., wtru) sends a scheduling request (SR), using RACH if necessary, on the uplink and searches for DCI containing uplink grant; [0104]-[0105] disclosing resending the SR after a predefined number of subframes and if a predetermined number of SRs are sent without receiving the DCI, selecting another carrier for the SR) .
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Deenoo with the techniques of Marinier because this allows a user terminal to access the network using the random access procedure on an uplink carrier paired with a downlink carrier that hasn’t failed without the need to perform the RRC connection re-establishment procedure ([0141]-[0142]).
Regarding claim 4, Deenoo appears to disclose the method of claim 1, further comprising identifying the specified period of time based on at least one of requirements of a delay application or distribution of software in a network ([0090]).
Regarding claim 5, Deenoo appears to disclose the method of claim 1, further comprising: identifying whether the RACH procedure using the SUL carrier fails; and in response to identifying that the RACH procedure using the SUL carrier fails, performing a radio resource control (RRC) connection reestablishment (RRE) procedure ([0083], [0102]).
Regarding claim 6, Deenoo appears to disclose the method of claim 1, wherein the user equipment is configured to operate in a 5G radio access technology (RAT), and an operation method of the user equipment is one of a standalone (SA) method, a non-standalone (NSA) method, a non-standalone with NR carrier aggregation (NRCA) method, or a multi-RAT dual connectivity with NR carrier aggregation (MRDC-NRCA) method ([0081]).
Regarding claim 7, Deenoo appears the method of claim 1, wherein the SUL carrier operates in a licensed band or an unlicensed band ([0026]).
Regarding claim 8, Deenoo does not expressly disclose the method of claim 7, further comprising, based on the SUL carrier operating in the unlicensed band, identifying whether it is possible to access the SUL carrier through a listen before talk (LBT) procedure. However, examiner takes official notice that it is notoriously well-known to one of ordinary skill in the art that LBT needs to be performed in order to access the unlicensed spectrum (i.e. IEEE 802 radio technology). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to perform LBT to access the unlicensed spectrum.
Regarding claims 11 and 13-18, the claims are directed towards an apparatus for enhancing communication interruption using supplementary uplink (SUL) in a wireless communication system, the apparatus comprising: a transceiver; and at least one processor, comprising processing circuitry, operatively connected with the transceiver, wherein the at least one processor is configured to perform the method of claims 1 and 3-8. Deenoo discloses such implementations (Fig. 1B, [0164]); accordingly, claims 11 and 13-18 are rejected on the grounds presented above for claims 1 and 3-8.
Claim(s) 9-10 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deenoo et al. (US 2021/0168678 A1) in view of Marinier (us 2011/0021154 A1) in view of Yang et al. (US 2024/0283718 A1).
Regarding claim 9, Deenoo discloses a method performed by a user equipment in a wireless communication system, the method comprising:
establishing a wireless connection with a 5G cell ([0080]-[0081] disclosing for NR-NR dual connectivity (DC) or EN-NR DC the WTRU may perform initial access to a cell using RUL);
transmitting uplink data to the 5G cell using a normal uplink (NUL) carrier allocated for the wireless connection ([0026], [0036] disclosing the WTRU can communicate with the base station on the uplink; it is implicit in the disclosure that such communications occur upon successful initial access on the RUL);
upon receiving configuration information for a supplementary uplink (SUL) carrier from the 5G cell utilizing the SUL ([0081]-[0082] disclosing “The SUL configuration may be broadcast in minimum SI by a cell” in order to be configured to utilize the SUL at a later time); and
performing a random access channel (RACH) procedure using the SUL carrier ([0081] disclosing “The WTRU may select the SUL for initial access if the DL quality of the serving cell is below a threshold”; [0101] disclosing “may perform a RA procedure on the SUL if the measured DL reference signal receive power (RSRP) is below a threshold.”).
Deenoo does not expressly disclose the following; however, Marinier suggests switching based on uplink configuration information on the NUL carrier not being received from the 5G cell for the predetermined period of time, an uplink carrier for transmitting uplink data to the 5G cell from the NUL carrier to the SUL carrier ([0099]-[0100] disclosing the user terminal (i.e., wtru) sends a scheduling request (SR), using RACH if necessary, on the uplink and searches for DCI containing uplink grant; [0104]-[0105] disclosing resending the SR after a predefined number of subframes and if a predetermined number of SRs are sent without receiving the DCI, selecting another carrier for the SR).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Deenoo with the techniques of Marinier because this allows a user terminal to access the network using the random access procedure on an uplink carrier paired with a downlink carrier that hasn’t failed without the need to perform the RRC connection re-establishment procedure ([0141]-[0142]).
Yang suggests switching, based on a downlink resource being allocated from the cell for a predetermined period of time (Fig. 4, [0076] disclosing the UE can have good downlink coverage; but, poor uplink coverage; [0077]-[0078] disclosing the UE can be receiving duplicated PDSCH retransmissions with lack of uplink grants after scheduling request transmissions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Deenoo as suggested by Yang because this can overcome link imbalances and reduce the amount of time for recovery due to radio link failure ([0072], [0076]).
Regarding claim 10, Deenoo appears to disclose the method of claim 9, further comprising, upon not receiving the configuration information for the SUL carrier from the 5G cell, transmitting uplink data to a LTE cell being wirelessly connected ([0080] in the EN-NR DC technique it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the LTE (i.e., EN) portion of the DC to perform uplink communications absent any configuration of the SUL using common sense as a guide).
Regarding claims 19-20, the claims are directed towards an apparatus for enhancing communication interruption using supplementary uplink (SUL) in a wireless communication system, the apparatus comprising: a transceiver; and at least one processor, comprising processing circuitry, operatively connected with the transceiver, wherein the at least one processor is configured to perform the method of claims 9-10. Deenoo discloses such implementations (Fig. 1B, [0164]); accordingly, claims 19-20 are rejected on the grounds presented above for claims 9-10.
Official Notice
Examiner has taken official notice with respect to features of claims 8 and 18 in the office action mailed on 08 April 2026 which has not been traversed by applicant. Accordingly, the common knowledge or well-known in the art statement is taken to be admitted prior art because applicant failed to traverse examiner’s assertion of official notice. (MPEP 2144.03 C).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments with respect to claims 9-10 and 19-20 filed 08 July 2026 have been fully considered but they are not persuasive. Applicant asserts the prior art Deenoo and Marinier do not disclose the condition “upon receiving configuration information for a supplementary uplink (SUL) carrier from the 5G cell”. Examiner respectfully disagrees. Deenoo discloses the configuration of the SUL cell is received via broadcast system information in order to be configured to utilize the SUL ([0081]-[0082]). As for the other features applicant has disputed in claim 9 and 19, the arguments are moot based on the new grounds of rejection.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang et al. (US 2023/0156817 A1); Hu et al. (US 2023/0164802 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph A Bednash whose telephone number is (571)270-7500. The examiner can normally be reached 7 AM - 4:30 PM M-F.
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, Huy Vu can be reached at (571)272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH A BEDNASH/ Primary Examiner, Art Unit 2461
Prosecution Insights