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 .
Information Disclosure Statement
As required by M.P.E.P. 609(C), the applicant’s submissions of the Information Disclosure Statements dated 01/05/2026, 08/20/2024 are acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P. 609 C(2), a copy of the PTOL-1449 initialed and dated by the examiner is attached to the instant office action.
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.
Independent Claims
Claim(s) 1, 15, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (US-20200359398) in view of 3GPP NR inter-band Carrier Aggregation for 3 DL / 1 UL, TR 38.716-03-01 v16.0.0 (2020-06).
As to claim 1, 15, 19: Takahashi teaches an apparatus, comprising: at least one processor and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: determine a plurality of band combinations supported by the apparatus for aggregating multiple carriers, each band combination comprising at least two bands ([0036, 39-41] base station apparatus 100 may request a radio access capability report of a band combination supported by the user equipment; ); identify, among the plurality of supported band combinations, a first band combination, wherein the first band combination is a subset of one or more of the supported band combinations (fig.7 [0052, 100] The capability related to MSD indicated by “supported MSD-performance-r15” corresponds to one or more band combinations, and the band combination may be freely configured) and wherein, for the first band combination, the apparatus supports a low maximum sensitivity degradation (MSD) which is lower than a predetermined MSD value (fig.7, [0047, 54, 57] MSD can be deemed to be 0 dB); and transmit to a network an indication of the identified first band combination and low MSD information associated with the identified first band combination ([0040, 51, 64] when a UL band combination of LTE-NR dual connectivity is reported and terminal capability “MSD Perf” is reported by UECapabilityInformation, the base station apparatus 100 can obtain information representing MSD when the user equipment 200 executes UL simultaneous transmissions in the UL band combination), wherein the low MSD information is … also for each of the supported band combinations which comprises at least the bands of the first band combination ([0100] The capability related to MSD indicated by “supported MSD-performance-r15” corresponds to one or more band combinations, and the band combination may be freely configured.)
Takahashi may not explicitly teach valid. However, 3GPP teaches valid (6.18.5 MSD requirements are captured in lower order combinations)-.
Thus, it would have been obvious to one of ordinary skill in the art to implement validating that other band combinations can use same low-MSD, taught by 3GPP, into the MSD band combinations, taught by Takahashi, in order to implement a well-known feature of a pre-defined protocol and reduce signaling overhead. In addition, it would have been obvious to combine 3GPP and Takahashi in a known manner to obtain predictable results as the combination would not change the essence, quiddity, or functionality of the prior art references.
Dependent Claims
Claim(s) 2, 3, 8, 9, 10, 11, 12, 13, 14, 17, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (US-20200359398) in view of 3GPP NR inter-band Carrier Aggregation for 3 DL / 1 UL, TR 38.716-03-01 v16.0.0 (2020-06).
As to claim 2: Takahashi teaches the apparatus of claim 1, wherein the apparatus supports the low MSD for each of the supported band combinations which comprises the bands of the first band combination (fig. 7 [0051, 52, 54, 55] MSD of 30 dB, 20 dB, 10 dB, and 0 dB are defined for the respective band combinations).
As to claim 3: Takahashi teaches the apparatus of any of claim 1, wherein the transmitted indication is interpreted by the network such that the low MSD is also supported for each of the supported band combinations which comprises at least the bands of the first band combination (fig.7 [0090, 102] capability report related to MSD), and the transmitted low MSD information is interpreted such that the low MSD information is … also for each of the supported band combinations which comprises at least the bands of the first band combination ([0100] The capability related to MSD indicated by “supported MSD-performance-r15” corresponds to one or more band combinations, and the band combination may be freely configured.)
Takahashi may not explicitly teach valid. However, 3GPP teaches valid (6.18.5 MSD requirements are captured in lower order combinations)-.
Thus, it would have been obvious to one of ordinary skill in the art to implement validating that other band combinations can use same low-MSD, taught by 3GPP, into the MSD band combinations, taught by Takahashi, in order to implement a well-known feature of a pre-defined protocol and reduce signaling overhead. In addition, it would have been obvious to combine 3GPP and Takahashi in a known manner to obtain predictable results as the combination would not change the essence, quiddity, or functionality of the prior art references.
As to claim 8: Takahashi teaches the apparatus of any of claim 1, wherein the instructions, when executed by the at least one processor, cause the apparatus further to: determine at least one second band combination, among the plurality of supported band combinations, for which the apparatus supports the low MSD, wherein the at least one second band combination comprises at least one band different than the bands in the first band combination, wherein the first band combination is not a subset of any of the at least one second band combination and wherein each of the at least one second band combination is a subset of one or more of the supported band combinations ([0090-93] multiple band configurations); and transmit to the network an indication of the at least one second band combination and low MSD information associated with the at least one second band combination ([0094] information “MSD Perf” to be reported from the user equipment 200 to the base station apparatus), wherein the low MSD information is … also for each supported band combination which comprises at least the bands of the at least one second band combination ([0100] The capability related to MSD indicated by “supported MSD-performance-r15” corresponds to one or more band combinations, and the band combination may be freely configured.)
Takahashi may not explicitly teach valid. However, 3GPP teaches valid (6.18.5 MSD requirements are captured in lower order combinations)-.
Thus, it would have been obvious to one of ordinary skill in the art to implement validating that other band combinations can use same low-MSD, taught by 3GPP, into the MSD band combinations, taught by Takahashi, in order to implement a well-known feature of a pre-defined protocol and reduce signaling overhead. In addition, it would have been obvious to combine 3GPP and Takahashi in a known manner to obtain predictable results as the combination would not change the essence, quiddity, or functionality of the prior art references.
As to claim 9, 17: Takahashi teaches the apparatus of any of claim 1, wherein the low MSD information associated with a band combination indicates at least one MSD source for which apparatus supports the low MSD in connection of the respective band combination ([0099] For example, when “supportedMSD-Performance-r15” is “6,” the “supportedMSD-Performance-r15” indicates that interference caused by IMD2, for which MSD is 10 dB, occurs in Band 1 of the band combination “DC_1A-n78A.” Additionally, for example, when “supportedMSD-Performance-r15” is “11,” the “supportedMSD-Performance-r15” indicates that MSD is 0 dB in Band 3 in the band combination “DC_3A-n80A,” and that there is no need to consider interference caused by IMD2).
As to claim 10: Takahashi teaches the apparatus of claim 9, wherein each of the at least one MSD source is indicated explicitly for the respective band combination ([0054, 96, 99] “supported MSD-Performance-r15” corresponds to capability related to a band combination and IMD).
As to claim 11: Takahashi teaches the apparatus of claim 9, wherein each of the at least one MSD source is indicated via respective index in a bit string for the respective band combination ([0052] bitmap).
As to claim 12: Takahashi teaches the apparatus of claim 9, wherein a single MSD source among the at least one MSD source is indicated for the respective band combination ([0054, 99] when “supportedMSD-Performance-r15” is “6,” the “supportedMSD-Performance-r15” indicates that interference caused by IMD2, for which MSD is 10 dB, occurs in Band 1 of the band combination “DC_1A-n78A.” Additionally, for example, when “supportedMSD-Performance-r15” is “11,” the “supportedMSD-Performance-r15” indicates that MSD is 0 dB in Band 3 in the band combination “DC_3A-n80A,” and that there is no need to consider interference caused by IMD2).
As to claim 13: Takahashi teaches the apparatus of any of claim 9.
Takahashi may not explicitly teach wherein the predetermined MSD value is based on a reference sensitivity degradation values and on an applied bandwidth for reception of a downlink signal at the apparatus. However, TS38.716 teaches wherein the predetermined MSD value is based on a reference sensitivity degradation values (3.2 reference sensitivity relaxation due to support for inter-band CA operations; 6.2.5 MSD based on REFSENS exceptions) and on an applied bandwidth for reception of a downlink signal at the apparatus (6.2.5, Tables 6.2.5-1, 6.2.5-2 MSD based on applied bandwidth).
Thus, it would have been obvious to one of ordinary skill in the art to implement reference sensitivity degradation, taught by 3GPP, into the MSD band combinations, taught by Takahashi, in order to implement a well-known feature of a pre-defined protocol and better UE capability signaling. In addition, it would have been obvious to combine 3GPP and Takahashi in a known manner to obtain predictable results as the combination would not change the essence, quiddity, or functionality of the prior art references.
As to claim 14: Takahashi teaches the apparatus of any of claim 9, wherein the apparatus is or is comprised in a user equipment and the apparatus is operating according to the long term evolution, according to the long term evolution advanced, or according to New Radio ([0002, 3]).
As to claim 18: Takahashi teaches the apparatus of any of claim 15, wherein the instructions, when executed by the at least one processor, cause the apparatus further to: configure the user equipment with a band combination that is associated with the low MSD ([0051, 58, 64]).
Claim(s) 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (US-20200359398), 3GPP NR inter-band Carrier Aggregation for 3 DL / 1 UL, TR 38.716-03-01 v16.0.0 (2020-06) in view of 3GPP UE radio access capabilities, TS 36.306 v16.7.0 (2021-12).
As to claim 4: Takahashi teaches the apparatus of any of claim 1 … low MSD (fig.7, [0047, 54, 57]).
Although Takahashi already teaches low MSD, Takahashi may not explicitly teach wherein the at least one memory and the instructions are configured, with the at least one processor, to cause the apparatus further to: determine low MSD information associated with any of the supported band combinations that is duplicate information compared to the low MSD information of the first band combination; and refrain from transmitting to the network the duplicate information. However, 3GPP TS 36.306 teaches wherein the at least one memory and the instructions are configured, with the at least one processor, to cause the apparatus further to: determine … information associated with any of the supported band combinations that is duplicate information compared to the … information of the first band combination (4.3.5.26 The UE does not report fallback combinations if their UE radio access capabilities are the same as the ones for the CA band combination asked by the eNB); and refrain from transmitting to the network the duplicate information (4.3.5.19 requests UE to exclude fallback band combinations).
Thus, it would have been obvious to one of ordinary skill in the art to implement reducing extra transmissions, taught by TS36.306, into the communication system, taught by Takahashi, in order to implement a well-known feature of a pre-defined protocol and reduce overhead. In addition, it would have been obvious to combine TS36.306 and Takahashi in a known manner to obtain predictable results as the combination would not change the essence, quiddity, or functionality of the prior art references.
As to claim 5: Takahashi teaches the apparatus of any of claim 1, wherein the instructions, when executed by the at least one processor, cause the apparatus further to: determine that the apparatus is configured to perform low MSD capability reporting to the network (fig.7, [0040, 51]), wherein the low MSD capability reporting comprises transmitting low MSD information for each band combination for which the apparatus supports the low MSD ([0051, 52]); and decide to indicate, as the low MSD capability reporting ([0100]).
Although Takahashi already teaches low MSD, Takahashi may not explicitly teach only the low MSD information associated with the first band combination. However, TS36.306 teaches only the low MSD information associated with the first band combination (4.3.5.21 the UE only includes one intra-band non-contiguous CA band combination, and exclude the other intra-band non-contiguous CA band combinations).
Thus, it would have been obvious to one of ordinary skill in the art to implement reducing extra transmissions, taught by TS36.306, into the communication system, taught by Takahashi, in order to implement a well-known feature of a pre-defined protocol and reduce overhead. In addition, it would have been obvious to combine TS36.306 and Takahashi in a known manner to obtain predictable results as the combination would not change the essence, quiddity, or functionality of the prior art references. Moreover, it is generally considered to be within the ordinary skill in the art to adjust, vary, select or optimize the numerical parameters or values of any system absent a showing of criticality in a particular recited value. The burden of showing criticality is on Applicant. In re Mason, 87 F.2d 370, 32 USPQ 242 (CCPA 1937); Marconi Wireless Telegraph Co. v. U.S., 320 U.S. 1, 57 USPQ 471 (1943); In re Schneider, 148 F.2d 108, 65 USPQ 129 (CCPA 1945); In re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955); In re Saether, 492 F.2d 849, 181 USPQ 36 (CCPA 1974); In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977); In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Since TS36.306 discloses limiting transmissions, it would have been obvious to one of ordinary skill in the art at the time of the invention to limit transmissions of low MSD, including only one, absent a showing of criticality by Applicant.
Claim(s) 6, 7, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (US-20200359398), 3GPP NR inter-band Carrier Aggregation for 3 DL / 1 UL, TR 38.716-03-01 v16.0.0 (2020-06) in view of Ma (US-20220303975).
As to claim 6: Takahashi teaches the apparatus of any of claim 1, … which are associated with the low MSD (fig.7, [0047, 54, 57]).
Takahashi may not explicitly teach wherein the first band combination is the band combination that comprises the smallest number of bands among the supported band combinations. However, Ma teaches wherein the first band combination is the band combination that comprises the smallest number of bands among the supported band combinations ([0130]).
Thus, it would have been obvious to one of ordinary skill in the art to implement small band combinations, taught by Ma, into the band combinations, taught by Takahashi, in order to implement a well-known feature of a pre-defined protocol and reduce overhead. In addition, it would have been obvious to combine Takahashi and Ma in a known manner to obtain predictable results as the combination would not change the essence, quiddity, or functionality of the prior art references. Moreover, it is generally considered to be within the ordinary skill in the art to adjust, vary, select or optimize the numerical parameters or values of any system absent a showing of criticality in a particular recited value. The burden of showing criticality is on Applicant. In re Mason, 87 F.2d 370, 32 USPQ 242 (CCPA 1937); Marconi Wireless Telegraph Co. v. U.S., 320 U.S. 1, 57 USPQ 471 (1943); In re Schneider, 148 F.2d 108, 65 USPQ 129 (CCPA 1945); In re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955); In re Saether, 492 F.2d 849, 181 USPQ 36 (CCPA 1974); In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977); In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Since Ma discloses various small band combinations, it would have been obvious to one of ordinary skill in the art at the time of the invention to small band combinations for low MSD, including the smallest, absent a showing of criticality by Applicant.
As to claim 7, 16: Takahashi teaches the apparatus of any of claim 1.
Takahashi may not explicitly teach wherein the at least one memory and the instructions are configured, with the at least one processor, to cause the apparatus further to: transmit to the network an indication of the plurality of band combinations supported by the apparatus for aggregating multiple carriers. However, Ma teaches wherein the at least one memory and the instructions are configured, with the at least one processor, to cause the apparatus further to: transmit to the network an indication of the plurality of band combinations supported by the apparatus for aggregating multiple carriers ([0004, 11] supports multi-RAT band combinations in the first RAT and second RAT).
Thus, it would have been obvious to one of ordinary skill in the art to implement multiple bands combined, taught by Ma, into the communication system, taught by Takahashi, in order to implement a well-known feature of a pre-defined protocol and improve throughput. In addition, it would have been obvious to combine Ma and Takahashi in a known manner to obtain predictable results as the combination would not change the essence, quiddity, or functionality of the prior art references.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW CHUNG SUK OH whose telephone number is (571)270-5273. The examiner can normally be reached M-F 12p-8p.
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/ANDREW C OH/ Primary Examiner, Art Unit 2466
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