Prosecution Insights
Last updated: July 17, 2026
Application No. 18/677,511

DEVICE CANDIDATE IDENTIFICATION FOR CONTROL SIGNAL BEAMFORMING

Non-Final OA §103§112
Filed
May 29, 2024
Examiner
MILLER, GARY ADDISON ELDO
Art Unit
2642
Tech Center
2600 — Communications
Assignee
T-Mobile USA Inc.
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
67%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
6 granted / 9 resolved
+4.7% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
22 currently pending
Career history
44
Total Applications
across all art units

Statute-Specific Performance

§103
98.5%
+58.5% vs TC avg
§102
0.8%
-39.2% vs TC avg
§112
0.8%
-39.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 9 resolved cases

Office Action

§103 §112
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 . Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 13-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 13 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: It is necessary to include the components of the base station that perform the claimed functions, e.g., processor and memory. Appropriate correction is necessary. 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. 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, 6, 8, 13-16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US 2020/0382169 A1), hereinafter Zhao, and further in view of Hao et al. (US 2024/0031100 A1), hereinafter Hao. Re. Claim 1, Zhao teaches: A method for selecting user equipment (UE) candidates for control signaling using beamformed signals, (¶0015 FIG. 1 is a diagram illustrating a cooperative MIMO network environment that includes a baseband unit (BBU), remote radio unit (RRUs), and UEs according to an embodiment. & ¶0018 FIG. 4 is a flow diagram depicting a UE selection routine illustratively implemented by an RRU and/or a BBU to select which users to serve during the same time slot, according to one embodiment. & ¶0087 The active set and beam management block 318 can select RRUs 104 and/or specific spatial beams offered by these RRUs 104 for providing wireless transmission services to UEs 102, [i.e. specific spatial beams (beamforming) used for wireless signaling] and create corresponding active sets for the UEs 102. The active set and beam management block 318 can group DL data transmissions and manage beamforming from the RRUs 104 to the UEs 102. & ¶0089 FIG. 4 is a flow diagram depicting a UE selection routine 400 illustratively implemented by an RRU and/or a BBU to select which users to serve during the same time slot, according to one embodiment. As an example, one or more RRUs 104 A- 104 N of FIGS. 1 and 3, RRU 990 of FIG. 9, the BBU 110 of FIGS. 1-3, and/or BBU 902 of FIG. 9 can be configured to execute the UE selection routine 400. For simplicity and ease of explanation, the UE selection routine 400 is described with respect to a “user” being a UE 102 receive antenna and for DL transmissions. However, the UE selection routine 400 can also be performed in situations in which a “user” is an entire UE 102 (e.g., by having variable i referencing a UE rather than a receive antenna and/or replacing “RX antenna” with “UE” in the process described below).) the method comprising: determining a spectral efficiency of a first set of signals between a first UE and a base station in a telecommunications network; (¶0070 The scheduler control 214 can optionally consider other factors when ordering the users. For example, instead of or in addition to determining the fairness metric using average or normalized throughput, the scheduler control 214 can determine the fairness metric using latency priority (e.g., a quality of service (QoS) priority) and/or spectral efficiency measurements. & ¶0117-¶0119 downlink channel information is determined for channels between UE RX antenna elements and base station (e.g., RRU) TX antenna elements. For example, the DL channel information can be determined using UL channel information obtained from UL pilot signals. matrix or vector norms can be computed using the downlink channel information to determine channel strengths for each of the RX antenna elements. At block 706, the RX antenna elements can be ordered based on the determined channel strengths. For example, a fairness metric can be determined for each RX antenna element based on the channel strength of the respective RX antenna element and an average or normalized throughput of the respective RX antenna element. & Claim 1: determine downlink channel information for channels between a plurality of receive antenna elements associated with a plurality of user equipment (UEs) & Claim 8: order the plurality of receive antenna elements based on at least one of the determined channel strengths, latency priority, spectral efficiency, average throughput of the plurality of receive antenna elements over a threshold period of time,) Yet, Zhao does not explicitly teach: determining that the spectral efficiency of the first set of signals between the first UE and the base station is above a threshold; and based on the spectral efficiency of the first set of signals between the base station and the first UE being above the threshold, utilizing beamforming for a set of control signals between the first UE and the base station. However, in the analogous art, Hao teaches: determining that the spectral efficiency of the first set of signals between the first UE and the base station is above a threshold; (¶0129 In some cases, resources measured to have a spectral efficiency or CQI above a threshold may be considered available, where the threshold for CQI or spectral efficiency may be pre-configured or determined by higher layers. If a proportion of available resources in a selection window is below a percentile threshold (e.g., below 20%), the RSRP threshold may be increased, the CQI or spectral efficiency threshold(s) may be reduced, and the process may be repeated. The candidate resource set may then be reported to the higher layers. In some cases, the reserved resources may be for sidelink communications, such as data and control signaling. & ¶0141-¶0142 FIG. 5 illustrates an example of a process flow 500 that supports sidelink channel state information reference signal triggering and resource selection in accordance with aspects of the present disclosure. The process flow 500 may implemented by UE 515-a, UE 515-b, or a network entity 505, or any combination thereof. UE 515-a and UE 515-b may each be an example of a UE 115 as described with reference to FIG. 1. In some examples, UE 515-a may be an example of UEA described herein, and UE 515-b may be an example of UEB. UE 515-a may trigger a CSI procedure for UE 515-a and UE 515-b. The network entity 505 may be an example of a base station 105 as described with reference to FIG. 1.) and based on the spectral efficiency of the first set of signals between the base station and the first UE being above the threshold, utilizing beamforming for a set of control signals between the first UE and the base station. (¶0102 A base station 105 or a UE 115 may use beam sweeping techniques as part of beam forming operations. For example, a base station 105 may use multiple antennas or antenna arrays (e.g., antenna panels) to conduct beamforming operations for directional communications with a UE 115. Some signals (e.g., synchronization signals, reference signals, beam selection signals, or other control signals) may be transmitted by a base station 105 multiple times in different directions. & ¶0129 In some cases, resources measured to have a spectral efficiency or CQI above a threshold may be considered available, where the threshold for CQI or spectral efficiency may be pre-configured or determined by higher layers. If a proportion of available resources in a selection window is below a percentile threshold (e.g., below 20%), the RSRP threshold may be increased, the CQI or spectral efficiency threshold(s) may be reduced, and the process may be repeated. The candidate resource set may then be reported to the higher layers. In some cases, the reserved resources may be for sidelink communications, such as data and control signaling. & ¶0166 FIG. 7 illustrates an example of a process flow 700 that supports sidelink channel state information reference signal triggering and resource selection in accordance with aspects of the present disclosure. The process flow 700 may implemented by UE 715-a, UE 715-b, or a network entity 705, or any combination thereof. UE 715-a and UE 715-b may each be an example of a UE 115 as described with reference to FIG. 1. The network entity 705 may be an example of a base station 105 as described with reference to FIG. 1.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zhao’s invention of downlink user equipment selection to include Hao’s teaching of determining if a spectral efficiency of a set of signals between a UE and a base station is above a threshold, because it enable knowledge of sufficient resources being available for control signaling based on a measurement of spectral efficiency satisfying a pre-configured requirement, which in turn increases system spectral efficiency overall. (see Hao ¶0039 & ¶0100) Re. Claim 2, Zhao combine with Hao teaches claim 1. Zhao further teaches: wherein the first set of signals comprises one or more of data transmissions (¶0117-¶0119 downlink channel information is determined for channels between UE RX antenna elements and base station (e.g., RRU) TX antenna elements. For example, the DL channel information can be determined using UL channel information obtained from UL pilot signals. [i.e. UL pilot signals are first set of signals] At block 704, for each RX antenna element, a channel strength is determined based on the downlink channel information. For example, matrix or vector norms can be computed using the downlink channel information to determine channel strengths for each of the RX antenna elements. At block 706, the RX antenna elements can be ordered based on the determined channel strengths. For example, a fairness metric can be determined for each RX antenna element based on the channel strength of the respective RX antenna element and an average or normalized throughput of the respective RX antenna element.) Re. Claim 3, Zhao combined with Hao teaches claim 1. Zhao further teaches: wherein the first set of signals comprises beamformed signals transmitted from the base station. (¶0086-¶0087 The transceiver 320 can provide a UE report from the UE 102 to the scheduler. For example, the UE report can include spatial beam link strengths, spatial beam link quality, and/or other CSI suitable for allowing the scheduler to select users to be served over one or more spatial dimensions during the same time slot, schedule DL data transmissions, and/or schedule UL data transmissions. The active set and beam management block 318 can select RRUs 104 and/or specific spatial beams offered by these RRUs 104 for providing wireless transmission services to UEs 102, and create corresponding active sets for the UEs 102. The active set and beam management block 318 can group DL data transmissions and manage beamforming from the RRUs 104 to the UEs 102. The transceiver 320 provides data for transmission by the RRUs 104 to UEs 102. & ¶0134 The processor 1040 is implemented by physical hardware arranged to perform specific operations to implement functionality related to determining a link strength of spatial beams over which beam pilots and/or user data are transmitted.) Re. Claim 4, Zhao combined with Hao teaches claim 1. Zhao further teaches: determining a spectral efficiency of a second set of signals between a second UE and the base station in the telecommunications network; (Fig. 6 & ¶0070 the scheduler control 214 can determine the fairness metric using latency priority (e.g., a quality of service (QoS) priority) and/or spectral efficiency measurements. [i.e. fairness metric represents a spectral efficiency measurement] & ¶0089 FIG. 4 is a flow diagram depicting a UE selection routine 400 illustratively implemented by an RRU and/or a BBU to select which users to serve during the same time slot, according to one embodiment. As an example, one or more RRUs 104 A- 104 N of FIGS. 1 and 3, RRU 990 of FIG. 9, the BBU 110 of FIGS. 1-3, and/or BBU 902 of FIG. 9 can be configured to execute the UE selection routine 400. For simplicity and ease of explanation, the UE selection routine 400 is described with respect to a “user” being a UE 102 receive antenna and for DL transmissions. However, the UE selection routine 400 can also be performed in situations in which a “user” is an entire UE 102 (e.g., by having variable i referencing a UE rather than a receive antenna and/or replacing “RX antenna” with “UE” in the process described below) [i.e. RX antenna elements are synonymous with a UE, where there exists a plurality of] & ¶0117-¶0119 At block 702, downlink channel information is determined for channels between UE RX antenna elements and base station (e.g., RRU) TX antenna elements. For example, the DL channel information can be determined using UL channel information obtained from UL pilot signals. At block 704, for each RX antenna element, a channel strength is determined based on the downlink channel information. For example, matrix or vector norms can be computed using the downlink channel information to determine channel strengths for each of the RX antenna elements. At block 706, the RX antenna elements can be ordered based on the determined channel strengths. For example, a fairness metric can be determined for each RX antenna element based on the channel strength of the respective RX antenna element and an average or normalized throughput of the respective RX antenna element. [i.e. pilot signals for each RX antenna element (multiple UEs) are used to determine DL channel information for a plurality of UEs (second signals)]) Hao further teaches: and determining that the spectral efficiency of the second set of signals between the second UE and the base station is above the threshold. (¶0129 In some cases, resources measured to have a spectral efficiency or CQI above a threshold may be considered available, where the threshold for CQI or spectral efficiency may be pre-configured or determined by higher layers. If a proportion of available resources in a selection window is below a percentile threshold (e.g., below 20%), the RSRP threshold may be increased, the CQI or spectral efficiency threshold(s) may be reduced, and the process may be repeated. The candidate resource set may then be reported to the higher layers. In some cases, the reserved resources may be for sidelink communications, such as data and control signaling. & ¶0141-¶0142 FIG. 5 illustrates an example of a process flow 500 that supports sidelink channel state information reference signal triggering and resource selection in accordance with aspects of the present disclosure. The process flow 500 may implemented by UE 515-a, UE 515-b, or a network entity 505, or any combination thereof. UE 515-a and UE 515-b may each be an example of a UE 115 as described with reference to FIG. 1. In some examples, UE 515-a may be an example of UEA described herein, and UE 515-b may be an example of UEB. UE 515-a may trigger a CSI procedure for UE 515-a and UE 515-b. The network entity 505 may be an example of a base station 105 as described with reference to FIG. 1.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zhao’s invention of downlink user equipment selection to include Hao’s teaching of determining if a spectral efficiency of a set of signals between a UE and a base station is above a threshold, because it enable knowledge of sufficient resources being available for control signaling based on a measurement of spectral efficiency satisfying a pre-configured requirement, which in turn increases system spectral efficiency overall. (see Hao ¶0039 & ¶0100) Re. Claim 6, Zhao combined with Hao teaches claim 1. Zhao further teaches: wherein the beamforming is multiple-user multiple-input multiple-output (MU-MIMO). (¶0067 The scheduler control 214 can then order the users (e.g., active UEs 102A-102K or active UE 102A-102K receive antennas). [i.e. multiple users] & ¶0088 the scheduler can cause a network system of the cooperative MIMO wireless network 300 to wirelessly transmit first user data to a first UE 102 across one or more spatial beams or spatial dimensions, to transmit second user data to a second UE 102 across one or more spatial beams or spatial dimensions, and so on. The scheduler can cause the transmissions of the first user data, the second user data, etc. to occur simultaneously and/or at different times. Moreover, the scheduler can cause a network system of the cooperative MIMO wireless network 300 to wirelessly transmit user data to any suitable number of UEs 102 across one or more spatial beams or spatial dimensions served by one or more RRUs 104. & ¶0131 As discussed above, a variety of different UEs can wirelessly communicate with serving nodes in a cooperative MIMO network.) Re. Claim 8, Zhao combined with Hao teaches claim 1. Zhao further teaches: wherein the first set of signals corresponds to a downlink physical channel that delivers data from the base station to the first UE. (¶0117 downlink channel information is determined for channels between UE RX antenna elements and base station (e.g., RRU) TX antenna elements. For example, the DL channel information can be determined using UL channel information obtained from UL pilot signals.) Re. Claim 13, Zhao teaches: A system for selecting user equipment (UE) candidates for control signaling using beamformed signals, (¶0015 FIG. 1 is a diagram illustrating a cooperative MIMO network environment that includes a baseband unit (BBU), remote radio unit (RRUs), and UEs according to an embodiment. & ¶0018 FIG. 4 is a flow diagram depicting a UE selection routine illustratively implemented by an RRU and/or a BBU to select which users to serve during the same time slot, according to one embodiment. & ¶0087 The active set and beam management block 318 can select RRUs 104 and/or specific spatial beams offered by these RRUs 104 for providing wireless transmission services to UEs 102, [i.e. specific spatial beams (beamforming) used for wireless signaling] and create corresponding active sets for the UEs 102. The active set and beam management block 318 can group DL data transmissions and manage beamforming from the RRUs 104 to the UEs 102. & ¶0089 FIG. 4 is a flow diagram depicting a UE selection routine 400 illustratively implemented by an RRU and/or a BBU to select which users to serve during the same time slot, according to one embodiment. As an example, one or more RRUs 104 A- 104 N of FIGS. 1 and 3, RRU 990 of FIG. 9, the BBU 110 of FIGS. 1-3, and/or BBU 902 of FIG. 9 can be configured to execute the UE selection routine 400. For simplicity and ease of explanation, the UE selection routine 400 is described with respect to a “user” being a UE 102 receive antenna and for DL transmissions. However, the UE selection routine 400 can also be performed in situations in which a “user” is an entire UE 102 (e.g., by having variable i referencing a UE rather than a receive antenna and/or replacing “RX antenna” with “UE” in the process described below).) the system comprising: a first UE; (Fig. 1 102A & ¶0050 The RRU 104A-104N may provide data to the network received from UEs 102A-102K within a service area associated with the RRU 104A-104N. [i.e. UE 102A is first UE]) and a base station configured to wirelessly communicate with the first UE, (¶0050 In the network environment 100, base station functionality is subdivided between the BBU 110 and multiple RRUs (e.g., RRU 104A-104N). An RRU may include multiple antennas, and one or more of the antennas may serve as a transmit-receive point (TRP). The RRU and/or a TRP may be referred to as a serving node or a base station. The BBU 110 may be physically connected to the RRUs 104A-104N, such as via an optical fiber connection. The BBU 110 may provide operational details to an RRU 104A-104N to control transmission and reception of signals from the RRU 104A-104N along with control data and payload data to transmit. The RRU 104A-104N may provide data to the network received from UEs 102A-102K within a service area associated with the RRU 104A-104N. An RRU 104A-104N can provide service to devices (e.g., UEs 102A-102K) with a service area. For example, wireless downlink transmission service may be provided by an RRU 104A-104N to the service area to communicate data to one or more devices within the service area.) wherein the base station is configured to: determine a spectral efficiency of a first set of signals between the first UE and a base station in a telecommunications network; (¶0070 The scheduler control 214 can optionally consider other factors when ordering the users. For example, instead of or in addition to determining the fairness metric using average or normalized throughput, the scheduler control 214 can determine the fairness metric using latency priority (e.g., a quality of service (QoS) priority) and/or spectral efficiency measurements. & ¶0117-¶0119 downlink channel information is determined for channels between UE RX antenna elements and base station (e.g., RRU) TX antenna elements. For example, the DL channel information can be determined using UL channel information obtained from UL pilot signals. matrix or vector norms can be computed using the downlink channel information to determine channel strengths for each of the RX antenna elements. At block 706, the RX antenna elements can be ordered based on the determined channel strengths. For example, a fairness metric can be determined for each RX antenna element based on the channel strength of the respective RX antenna element and an average or normalized throughput of the respective RX antenna element. & Claim 1: determine downlink channel information for channels between a plurality of receive antenna elements associated with a plurality of user equipment (UEs) & Claim 8: order the plurality of receive antenna elements based on at least one of the determined channel strengths, latency priority, spectral efficiency, average throughput of the plurality of receive antenna elements over a threshold period of time,) Yet, Zhao does not explicitly teach: determine that the spectral efficiency of the first set of signals between the first UE and the base station is above a threshold; and utilizing beamforming for a set of control signals between the first UE and the base station based on the spectral efficiency of the first set of signals between the base station and the first UE being above the threshold. However, in the analogous art, Hao teaches: determine that the spectral efficiency of the first set of signals between the first UE and the base station is above a threshold; (¶0129 In some cases, resources measured to have a spectral efficiency or CQI above a threshold may be considered available, where the threshold for CQI or spectral efficiency may be pre-configured or determined by higher layers. If a proportion of available resources in a selection window is below a percentile threshold (e.g., below 20%), the RSRP threshold may be increased, the CQI or spectral efficiency threshold(s) may be reduced, and the process may be repeated. The candidate resource set may then be reported to the higher layers. In some cases, the reserved resources may be for sidelink communications, such as data and control signaling. & ¶0141-¶0142 FIG. 5 illustrates an example of a process flow 500 that supports sidelink channel state information reference signal triggering and resource selection in accordance with aspects of the present disclosure. The process flow 500 may implemented by UE 515-a, UE 515-b, or a network entity 505, or any combination thereof. UE 515-a and UE 515-b may each be an example of a UE 115 as described with reference to FIG. 1. In some examples, UE 515-a may be an example of UEA described herein, and UE 515-b may be an example of UEB. UE 515-a may trigger a CSI procedure for UE 515-a and UE 515-b. The network entity 505 may be an example of a base station 105 as described with reference to FIG. 1.) and utilizing beamforming for a set of control signals between the first UE and the base station based on the spectral efficiency of the first set of signals between the base station and the first UE being above the threshold. (¶0102 A base station 105 or a UE 115 may use beam sweeping techniques as part of beam forming operations. For example, a base station 105 may use multiple antennas or antenna arrays (e.g., antenna panels) to conduct beamforming operations for directional communications with a UE 115. Some signals (e.g., synchronization signals, reference signals, beam selection signals, or other control signals) may be transmitted by a base station 105 multiple times in different directions. & ¶0129 In some cases, resources measured to have a spectral efficiency or CQI above a threshold may be considered available, where the threshold for CQI or spectral efficiency may be pre-configured or determined by higher layers. If a proportion of available resources in a selection window is below a percentile threshold (e.g., below 20%), the RSRP threshold may be increased, the CQI or spectral efficiency threshold(s) may be reduced, and the process may be repeated. The candidate resource set may then be reported to the higher layers. In some cases, the reserved resources may be for sidelink communications, such as data and control signaling. & ¶0166 FIG. 7 illustrates an example of a process flow 700 that supports sidelink channel state information reference signal triggering and resource selection in accordance with aspects of the present disclosure. The process flow 700 may implemented by UE 715-a, UE 715-b, or a network entity 705, or any combination thereof. UE 715-a and UE 715-b may each be an example of a UE 115 as described with reference to FIG. 1. The network entity 705 may be an example of a base station 105 as described with reference to FIG. 1.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zhao’s invention of downlink user equipment selection to include Hao’s teaching of determining if a spectral efficiency of a set of signals between a UE and a base station is above a threshold, because it enable knowledge of sufficient resources being available for control signaling based on a measurement of spectral efficiency satisfying a pre-configured requirement, which in turn increases system spectral efficiency overall. (see Hao ¶0039 & ¶0100) Claims 14-16, 18, and 20 are directed toward system claims that recite similar limitations to method claims 2-4, 6, and 8. Therefore, claims 14-16, 18, and 20 are rejected for similar reasons as claims 2-4, 6, and 8. Claims 5 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao combined with Hao, and further in view of Hewavithana et al. (US 2024/0056159 A1), hereinafter Hewavithana. Re. Claim 5, Zhao combined with Hao teaches claim 4. Yet, the references do not explicitly teach: further comprising pairing the first UE and the second UE together for the control signaling using the beamforming. However, in the analogous art, Hewavithana teaches: further comprising pairing the first UE and the second UE together for the control signaling using the beamforming. (¶0046 As should be understood, scheduling (UE grouping, determining beamforming algorithm, calculating weights, etc.) may occur one time slot before the data is actually scheduled to use the uplink, where the BS may inform each UEs of its allocated resources (e.g., via a control channel). Then, the UEs will transmit data in the UL on their allocated resource(s). The BS, having already performed the scheduling, will know which UE pairing, beamforming algorithm, etc. corresponds to each frequency resource. [i.e. pairing beamforming UEs transmitting data would use control signaling for synchronization and proper transmission of the data]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zhao and Hao’s invention of downlink user equipment selection to include Hewavithana’s teaching of pairing beamforming user equipment for control signaling, because it would allow optimization of spectral efficiency applied to UE grouping. (see Hewavithana ¶0036) Claim 17 is directed toward a system claim that recites similar limitations to method claim 5. Therefore, claim 17 is rejected for similar reasons as claim 5. Claims 7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao combined with Hao, and further in view of Chen et al. (English translation of CN 112243222 A), hereinafter Chen. Re. Claim 7, Zhao combined with Hao teaches claim 4. Yet, the references do not explicitly teach: further comprising prior to determining the spectral efficiency of the first set of signals and the second set of signals, determining that the first UE and the second UE are paired together for the beamforming of the first and second sets of signals. However, in the analogous art, Chen teaches: further comprising prior to determining the spectral efficiency of the first set of signals and the second set of signals, (¶0081-¶0082 S104, calculate the average spectral efficiency of each UE in the current MU-MIMO pairing UE group after pairing. the method for calculating the average spectral efficiency of each UE across the full bandwidth after pairing includes, but is not limited to, the following two calculation methods:) determining that the first UE and the second UE are paired together for the beamforming of the first and second sets of signals. (¶0081-¶0082 S104, calculate the average spectral efficiency of each UE in the current MU-MIMO pairing UE group after pairing. the method for calculating the average spectral efficiency of each UE across the full bandwidth after pairing includes, but is not limited to, the following two calculation methods: & ¶0087 based on the beamforming gain of each UE after pairing, the average spectral efficiency of each UE across the full bandwidth after pairing is calculated.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zhao and Hao’s invention of downlink user equipment selection to include Chen’s teaching of pairing user equipment prior to determining spectral efficiency of the paired UE, because it would allow optimization of spectral efficiency applied to UE grouping where the amount of computation required to determine the pairing UE group is reduced and the accuracy of the pairing is improved. (see Chen ¶0065) Claim 19 is directed toward an apparatus claim that recite similar limitations to method claim 7. Therefore, claim 19 is rejected for similar reasons as claim 7. Claims 9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao combined with Hao, and further in view of Fan et al. (US 2015/0131572 A1), hereinafter Fan. Re. Claim 9, Zhao teaches: A method for selecting user equipment (UE) candidates for control signaling using beamformed signals, (¶0015 FIG. 1 is a diagram illustrating a cooperative MIMO network environment that includes a baseband unit (BBU), remote radio unit (RRUs), and UEs according to an embodiment. & ¶0018 FIG. 4 is a flow diagram depicting a UE selection routine illustratively implemented by an RRU and/or a BBU to select which users to serve during the same time slot, according to one embodiment. & ¶0087 The active set and beam management block 318 can select RRUs 104 and/or specific spatial beams offered by these RRUs 104 for providing wireless transmission services to UEs 102, [i.e. specific spatial beams (beamforming) used for wireless signaling] and create corresponding active sets for the UEs 102. The active set and beam management block 318 can group DL data transmissions and manage beamforming from the RRUs 104 to the UEs 102. & ¶0089 FIG. 4 is a flow diagram depicting a UE selection routine 400 illustratively implemented by an RRU and/or a BBU to select which users to serve during the same time slot, according to one embodiment. As an example, one or more RRUs 104 A- 104 N of FIGS. 1 and 3, RRU 990 of FIG. 9, the BBU 110 of FIGS. 1-3, and/or BBU 902 of FIG. 9 can be configured to execute the UE selection routine 400. For simplicity and ease of explanation, the UE selection routine 400 is described with respect to a “user” being a UE 102 receive antenna and for DL transmissions. However, the UE selection routine 400 can also be performed in situations in which a “user” is an entire UE 102 (e.g., by having variable i referencing a UE rather than a receive antenna and/or replacing “RX antenna” with “UE” in the process described below).) the method comprising: determining a spectral efficiency of a first set of signals between a first UE and a base station (¶0070 The scheduler control 214 can optionally consider other factors when ordering the users. For example, instead of or in addition to determining the fairness metric using average or normalized throughput, the scheduler control 214 can determine the fairness metric using latency priority (e.g., a quality of service (QoS) priority) and/or spectral efficiency measurements. & ¶0117-¶0119 downlink channel information is determined for channels between UE RX antenna elements and base station (e.g., RRU) TX antenna elements. For example, the DL channel information can be determined using UL channel information obtained from UL pilot signals. matrix or vector norms can be computed using the downlink channel information to determine channel strengths for each of the RX antenna elements. At block 706, the RX antenna elements can be ordered based on the determined channel strengths. For example, a fairness metric can be determined for each RX antenna element based on the channel strength of the respective RX antenna element and an average or normalized throughput of the respective RX antenna element. & Claim 1: determine downlink channel information for channels between a plurality of receive antenna elements associated with a plurality of user equipment (UEs) & Claim 8: order the plurality of receive antenna elements based on at least one of the determined channel strengths, latency priority, spectral efficiency, average throughput of the plurality of receive antenna elements over a threshold period of time,) and a second set of signals between a second UE and the base station in a telecommunications network, (Fig. 6 & ¶0070 the scheduler control 214 can determine the fairness metric using latency priority (e.g., a quality of service (QoS) priority) and/or spectral efficiency measurements. [i.e. fairness metric represents a spectral efficiency measurement] & ¶0089 FIG. 4 is a flow diagram depicting a UE selection routine 400 illustratively implemented by an RRU and/or a BBU to select which users to serve during the same time slot, according to one embodiment. As an example, one or more RRUs 104 A- 104 N of FIGS. 1 and 3, RRU 990 of FIG. 9, the BBU 110 of FIGS. 1-3, and/or BBU 902 of FIG. 9 can be configured to execute the UE selection routine 400. For simplicity and ease of explanation, the UE selection routine 400 is described with respect to a “user” being a UE 102 receive antenna and for DL transmissions. However, the UE selection routine 400 can also be performed in situations in which a “user” is an entire UE 102 (e.g., by having variable i referencing a UE rather than a receive antenna and/or replacing “RX antenna” with “UE” in the process described below) [i.e. RX antenna elements are synonymous with a UE, where there exists a plurality of] & ¶0117-¶0119 At block 702, downlink channel information is determined for channels between UE RX antenna elements and base station (e.g., RRU) TX antenna elements. For example, the DL channel information can be determined using UL channel information obtained from UL pilot signals. At block 704, for each RX antenna element, a channel strength is determined based on the downlink channel information. For example, matrix or vector norms can be computed using the downlink channel information to determine channel strengths for each of the RX antenna elements. At block 706, the RX antenna elements can be ordered based on the determined channel strengths. For example, a fairness metric can be determined for each RX antenna element based on the channel strength of the respective RX antenna element and an average or normalized throughput of the respective RX antenna element. [i.e. pilot signals for each RX antenna element (multiple UEs) are used to determine DL channel information for a plurality of UEs (second signals)]) wherein the first and second sets of signals comprise the beamformed signals transmitted from the base station using multiple-user multiple-input multiple-output (MU-MIMO); (¶0047 The active UE and spatial dimension grouping selection is described herein as being implemented within a CoMP network in which UEs non-coherently combine downlink data. The techniques described herein, however, can be applied to any type of MIMO network. & ¶0055 an RRU 104 may include one or more antennas, and one or more of the antennas may serve as a TRP. An RRU 104 may include multiple antennas to provide multiple-input multiple-output (MIMO) communications. & ¶0087 The active set and beam management block 318 can select RRUs 104 and/or specific spatial beams offered by these RRUs 104 for providing wireless transmission services to UEs 102, [i.e. specific spatial beams (beamforming) used for wireless signaling] & ¶0089 FIG. 4 is a flow diagram depicting a UE selection routine 400 illustratively implemented by an RRU and/or a BBU to select which users to serve during the same time slot, [i.e. describes use of multiple-user MIMO] & ¶0060 The channel state information can include UL channel information acquired by the BBU 110 through UL channel estimations based on UL pilot signals. For example, UEs 102A-102K can transmit sounding reference signal (SRS) and/or physical uplink shared channel (PUSCH) demodulation reference signal (DMRS) pilot signals to one or more RRUs 104A-104N, and the BBU 110 (and/or one or more of the RRUs 104A-104N) can determine the UL channel information based on the transmitted pilot signals. & ¶0117-¶0119 downlink channel information is determined for channels between UE RX antenna elements and base station (e.g., RRU) TX antenna elements. For example, the DL channel information can be determined using UL channel information obtained from UL pilot signals. matrix or vector norms can be computed using the downlink channel information to determine channel strengths for each of the RX antenna elements. At block 706, the RX antenna elements can be ordered based on the determined channel strengths. For example, a fairness metric can be determined for each RX antenna element based on the channel strength of the respective RX antenna element and an average or normalized throughput of the respective RX antenna element. [i.e. the UL pilot signals for each RX antenna element (UE) are first and second signals]) Yet, Zhao does not explicitly teach: determining that the spectral efficiencies of the first and second sets of signals are above a threshold However, in the analogous art, Hao teaches: determining that the spectral efficiencies of the first and second sets of signals are above a threshold, (¶0129 In some cases, resources measured to have a spectral efficiency or CQI above a threshold may be considered available, where the threshold for CQI or spectral efficiency may be pre-configured or determined by higher layers. If a proportion of available resources in a selection window is below a percentile threshold (e.g., below 20%), the RSRP threshold may be increased, the CQI or spectral efficiency threshold(s) may be reduced, and the process may be repeated. The candidate resource set may then be reported to the higher layers. In some cases, the reserved resources may be for sidelink communications, such as data and control signaling. & ¶0141-¶0142 FIG. 5 illustrates an example of a process flow 500 that supports sidelink channel state information reference signal triggering and resource selection in accordance with aspects of the present disclosure. The process flow 500 may implemented by UE 515-a, UE 515-b, or a network entity 505, or any combination thereof. UE 515-a and UE 515-b may each be an example of a UE 115 as described with reference to FIG. 1. In some examples, UE 515-a may be an example of UEA described herein, and UE 515-b may be an example of UEB. UE 515-a may trigger a CSI procedure for UE 515-a and UE 515-b. The network entity 505 may be an example of a base station 105 as described with reference to FIG. 1.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zhao’s invention of downlink user equipment selection to include Hao’s teaching of determining if a spectral efficiency of a set of signals between a UE and a base station is above a threshold, because it enable knowledge of sufficient resources being available for control signaling based on a measurement of spectral efficiency satisfying a pre-configured requirement, which in turn increases system spectral efficiency overall. (see Hao ¶0039 & ¶0100) Yet, the combined references do not explicitly teach: based on the spectral efficiencies of the first and second sets of signals are above a threshold, pairing the first UE and the second UE together for the control signaling using the MU-MIMO. However, in the analogous art, Fan teaches: based on the spectral efficiencies of the first and second sets of signals are above a threshold, pairing the first UE and the second UE together for the control signaling using the MU-MIMO. (¶0029 Embodiments are described in a non-limiting general context in relation to an example scenario with MU-MIMO in an LTE network with up to two UEs scheduled simultaneously. & ¶0055 The throughput may be estimated based on an uplink channel and the uplink power headroom of the UEs & ¶0077 420: Estimating a throughput gain of a paired scheduling relative to an unpaired scheduling for a UE pair comprising the first UE and the second UE, and for each of the first and the second UEs individually. [0079] 430: When the first UE is initially unpaired, scheduling the first UE in pair with the second UE when the estimated throughput gain for the UE pair is above a first threshold, and when the estimated throughput gain is positive for each of the first and second UEs. [i.e. pairing the UEs when the estimated throughput gain (spectral efficiency) of first and second UEs (the spectral efficiency of signals from UEs) is positive for each UE]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zhao and Hao’s invention of downlink user equipment selection to include Fan’s teaching of pairing the first and second UE based on the spectral efficiencies of the first and second sets of signals being above a threshold, because it would allow pairing of UEs while avoiding additional interference to neighbor cells and to meet requirements for MU-MIMO scheduling. (see Fan ¶0019 & ¶0058) Claims 11-12 are directed toward method claims that recite similar limitations to method claims 8 and 2. Therefore, claims 11-12 are rejected for similar reasons as claims 8 and 2. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao combined with Hao, Fan, and further in view of Chen. Re. Claim 10, Zhao combined with Hao and Fan teaches claim 9. Yet, the combined references do not explicitly teach: further comprising prior to determining the spectral efficiency of the first set of signals and the second set of signals, determining that the first UE and the second UE are paired together for the beamforming of the first and second sets of signals. However, in the analogous art, Chen teaches: further comprising prior to determining the spectral efficiency of the first set of signals and the second set of signals, (¶0081-¶0082 S104, calculate the average spectral efficiency of each UE in the current MU-MIMO pairing UE group after pairing. the method for calculating the average spectral efficiency of each UE across the full bandwidth after pairing includes, but is not limited to, the following two calculation methods:) determining that the first UE and the second UE are paired together for the beamforming of the first and second sets of signals. (¶0081-¶0082 S104, calculate the average spectral efficiency of each UE in the current MU-MIMO pairing UE group after pairing. the method for calculating the average spectral efficiency of each UE across the full bandwidth after pairing includes, but is not limited to, the following two calculation methods: & ¶0087 based on the beamforming gain of each UE after pairing, the average spectral efficiency of each UE across the full bandwidth after pairing is calculated.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zhao, Hao, and Fan’s invention of downlink user equipment selection to include Chen’s teaching of pairing user equipment prior to determining spectral efficiency of the paired UE, because it would allow optimization of spectral efficiency applied to UE grouping where the amount of computation required to determine the pairing UE group is reduced and the accuracy of the pairing is improved. (see Chen ¶0065) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY A MILLER whose telephone number is (571)272-4423. The examiner can normally be reached Mon-Fri 8 to 5. 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, Rebecca Song can be reached at 571-270-3667. 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. /G.A.M./Examiner, Art Unit 2417 /REBECCA E SONG/Supervisory Patent Examiner, Art Unit 2417
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Prosecution Timeline

May 29, 2024
Application Filed
Jun 22, 2026
Non-Final Rejection mailed — §103, §112 (current)

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