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 .
1. This office action, in response to the amendment received 4/7/2026, is a final office action.
Response to Amendment and Arguments
2. Independent claims 1, 13 and 17 are amended to recite addition features. The features recited in amended claim 1 were presented during the telephonic interview conducted on 3/16/2026. As stated during the interview, the amendment is disclosed by Sreenivasareddy (US 2023/0096115). The reference discloses a computing device may be a UE, a smart phone or any other computing device in paragraph 021. This device will generate an input based on the reference signal measurements like the quality measurements of the antennas such as the SNR, RSSI , etc. as stated in paragraph 0050. This input will also depend on the device itself. One smart phone will have advantages or restrictions as compared to a different computing device like a laptop that will be a factor in how the information is processed and how the input is generated. For example, the generated input will be based on processing speed and the time it takes to generate the input, battery usage or the power consumed to generate the input and the antenna locations will affect the quality measurements. The examiner believes the reference discloses the generating the input based on a type of the UE. The rejections of the claims is stated below.
3. The amendment to claim 17 has overcome the previous rejection of claim 17 under 35 USC 101. The previous rejection under 35 USC 101 is withdrawn in view of the amendment to the claim.
4. A restriction to original presentation is stated below.
Election/Restrictions
5. Newly submitted claims 24 and 27 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Claims 24 and 27 are drawn to receive an input, generate an output and generate grip data indicating a user grip of the UE, wherein the input is further generated based on the grip data classified in H04B17/3913. This is shown in figure 14 as well as figures 8 and 9 and the corresponding paragraphs in the specification. Claim 24 is similar to claim 2, now cancelled, that was originally filed. Claim 2 was grouped in invention III in the restriction/election requirement mailed 10/23/2025. Group III was not the elected group in the response to election/restriction received 12/10/2025.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 24 and 27 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
6. Claims 1, 7-10, 13, 17, 21 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sreenivasareddy et al (US 2023/0096115).
Regarding claim 1, Sreenivasareddy discloses a method comprising:
Receiving, at a user equipment (UE) via a plurality of antennas of the UE (Figure 1: antennas 104. Paragraph 0021: Figure 1 is a schematic diagram of a computing device 10. The computing device 10 may be a user equipment (UE).), a reference signal transmitted by a network node (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc.);
generating an input to one or more processors of the UE based on the reference signal measurements (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas.) and a type of the UE (Sreenivasareddy discloses a computing device may be a UE, a smart phone or any other computing device in paragraph 0021. This device will generate an input based on the reference signal measurements like the quality measurements of the antennas such as the SNR, RSSI , etc. as stated in paragraph 0050. This input will also depend on the device itself. One smart phone will have advantages or restrictions as compared to a different computing device like a laptop that will be a factor in how the information is processed and how the input is generated. For example, the generated input will be based on processing speed and the time it takes to generate the input, battery usage or the power consumed to generate the input and the antenna locations will affect the quality measurements.), wherein signal measurement corresponds to a reception of the reference signal via one of the plurality of antennas (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas.);
determining an output of the one or more processors, the output indicating an antenna optimization parameter (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas and may dynamically control the switches 120 to select or switch the antenna ports 140 for the transceivers 110.); and
exchanging data with the network node, based on the output and by using at least one of: an antenna of the plurality of antennas or a tuner state of the UE (Paragraph 0050: in some examples, best antenna selection (BAS) may be implemented. The selected antenna will be used to communicate data.).
Regarding claim 7, Sreenivasareddy discloses wherein the reference signal measurements include at least: a first reference signal received power (RSRP) measured based on a first reception of a reference signal by a first antenna of the plurality of antennas, a first received signal strength indicator (RSSI) measured based on the first reception, or a first signal to interference and noise ratio (SINR) measured based on the first reception (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc.), and wherein the reference signal measurements further include at least one of: a second RSRP measured based on a second reception of the reference signal by a second antenna of the plurality of antennas, a second RSSI measured based on the second reception, or a second SINR measured based on the second reception (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas.).
Regarding claim 8, Sreenivasareddy discloses wherein the output indicates that the antenna is to be selected from among the plurality of antennas (Paragraph 0050: In some examples, best antenna selection (BAS) may be implemented. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas and may dynamically control the switches 120 to select or switch the antenna ports 140 for the transceivers 110.).
Regarding claim 9, Sreenivasareddy discloses wherein the output indicates an antenna subset, wherein the antenna subset is associated with a likelihood of providing the best antenna performance from among the plurality of antennas (Paragraph 0050: In some examples, best antenna selection (BAS) may be implemented. One or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas and may dynamically control the switches 120 to select or switch the antenna ports 140 for the transceivers 110.).
Regarding claim 10, Sreenivasareddy discloses wherein a first antenna and a second antenna of the plurality of antennas belong to the antenna subset (Paragraph 0050: One or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc.), and wherein the method further comprises:
determining a first reference signal measurement corresponding to the first antenna and a second reference signal measurement corresponding to the second antenna (Paragraph 0050: The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas.); and
selecting the antenna as one of the first antenna or the second antenna based on the first reference signal measurement and the second reference signal measurement (Paragraph 0050: In some examples, best antenna selection (BAS) may be implemented. One or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas and may dynamically control the switches 120 to select or switch the antenna ports 140 for the transceivers 110.).
Regarding claim 13, Sreenivasareddy discloses an apparatus comprising:
processing circuitry configured to be communicatively coupled to a plurality of antennas of the UE (Paragraph 0021: the platform 102 includes a processor(s), a memory, a I/O subsystem and a bus interface. Figure 8. Paragraph 0055 Figure 8 illustrates a user device 800. The user device may be a mobile device and includes an application processor 805, baseband processor 810 and memory 820.) and further configured to:
determine reference signal measurements (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc.), wherein each reference signal measurement corresponds to one of the plurality of antennas (Figure 1: antennas 104. Paragraph 0021: Figure 1 is a schematic diagram of a computing device 10. The computing device 10 may be a user equipment (UE).);
generate an input to one or more processors based on the reference signal measurements (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas.) and a type of the UE (Sreenivasareddy discloses a computing device may be a UE, a smart phone or any other computing device in paragraph 0021. This device will generate an input based on the reference signal measurements like the quality measurements of the antennas such as the SNR, RSSI , etc. as stated in paragraph 0050. This input will also depend on the device itself. One smart phone will have advantages or restrictions as compared to a different computing device like a laptop that will be a factor in how the information is processed and how the input is generated. For example, the generated input will be based on processing speed and the time it takes to generate the input, battery usage or the power consumed to generate the input and the antenna locations will affect the quality measurements.);
determine an output of the one or more processors, the output indicating an antenna optimization parameter (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas and may dynamically control the switches 120 to select or switch the antenna ports 140 for the transceivers 110.); and
exchange data with a network node, based on the output and by using at least one of: an antenna of the plurality of antennas or a tuner state (Paragraph 0050: in some examples, best antenna selection (BAS) may be implemented. The selected antenna will be used to communicate data.).
Regarding claim 17, Sreenivasareddy discloses one or more non-transitory computer-readable storage media storing instructions (Paragraph 0021: the platform 102 includes a processor(s), a memory, a I/O subsystem and a bus interface. Figure 8. Paragraph 0055 Figure 8 illustrates a user device 800. The user device may be a mobile device and includes an application processor 805, baseband processor 810 and memory 820.) that, upon execution at a user equipment (UE) (Figure 1: antennas 104. Paragraph 0021: Figure 1 is a schematic diagram of a computing device 10. The computing device 10 may be a user equipment (UE).), configure the UE to perform operations comprising:
Receiving first data from a network node by using a first antenna of a plurality of antennas of the UE (Figure 1: antennas 104. Paragraph 0021: Figure 1 is a schematic diagram of a computing device 10. The computing device 10 may be a user equipment (UE).);
determining reference signal measurements, wherein each reference signal measurement corresponds to one of the plurality of antennas (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc.);
generating an input to one or more processors based on the reference signal measurements (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas.) and a type of the UE (Sreenivasareddy discloses a computing device may be a UE, a smart phone or any other computing device in paragraph 0021. This device will generate an input based on the reference signal measurements like the quality measurements of the antennas such as the SNR, RSSI , etc. as stated in paragraph 0050. This input will also depend on the device itself. One smart phone will have advantages or restrictions as compared to a different computing device like a laptop that will be a factor in how the information is processed and how the input is generated. For example, the generated input will be based on processing speed and the time it takes to generate the input, battery usage or the power consumed to generate the input and the antenna locations will affect the quality measurements.);
determining an output of the one or more processors, the output indicating an antenna optimization parameter (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas.);;
selecting, based on the output, a second antenna of the plurality of antennas, the second antenna being the same as or different from the first antenna (Paragraph 0050: one or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas and may dynamically control the switches 120 to select or switch the antenna ports 140 for the transceivers 110.); and
exchanging second data with the network node, based on the output and by using at least one of: the second antenna or a tuner state for the first antenna (Paragraph 0050: in some examples, best antenna selection (BAS) may be implemented. The selected antenna will be used to communicate data.).
Regarding claim 21, Sreenivasareddy discloses wherein the antenna optimization parameter includes an antenna subset of the plurality of antennas (Paragraph 0050: In some examples, best antenna selection (BAS) may be implemented. One or a subset of antennas may be selected dynamically depending on a quality measure on the antennas, such as signal-to-noise ratio (SNR), a received signal strength indicator (RSSI), etc. The controller 150 of the wireless modem device 100 may determine the quality measure such as SNR, RSSI, or the like, on the antennas and may dynamically control the switches 120 to select or switch the antenna ports 140 for the transceivers 110.).
Regarding claim 23, Sreenivasareddy discloses wherein the input is further generated based on a frequency band used in exchanging data (Paragraph 0023: figure 2 is a block diagram of an example wireless modem device 100. Each transceiver 110a-110m is configured to process a RF signal in a specific frequency band. The input signal is generated based on that frequency band.)
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.
7. Claims 11, 12 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Sreenivasareddy et al (US 2023/0096115) in view of Zhang et al (US 2023/0155655).
Regarding claim 11, Sreenivasareddy discloses the method stated above. Sreenivasareddy does not disclose determining a first maximum transmit power level correspond to the first antenna and a second maximum transmit power level corresponds to the second antenna, wherein the antenna is selected further based on the first maximum transmit power level and the second maximum transmit power level.
Zhang discloses a UE shown in figure 7. The UE comprises a plurality of antenna panels. Paragraph 0008 discloses different antenna panels may also have different maximum transmission power. Any time the UE selects a new antenna, wherein a gap between the maximum transmission power of the selected new antenna panel and a previously selected antenna panel is larger than a threshold. Paragraphs 0114 and 0119 discloses a similar antenna selection wherein the different between the maximum transmission power is greater than a threshold.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Zhang into the method of Sreenivasareddy. When a larger transmission power is required or desired, selecting a new antenna to achieve these new requirements will improve the efficiency and effectiveness of the method and the communication system.
Regarding claim 12, the combination discloses wherein the second antenna is selected as the antenna based on a difference between the second reference signal measurement and the first reference signal measurement being larger than a difference between the first maximum transmit power level and the second maximum transmit power level (Zhang: Paragraph 0008 discloses different antenna panels may also have different maximum transmission power. Any time the UE selects a new antenna, wherein a gap between the maximum transmission power of the selected new antenna panel and a previously selected antenna panel is larger than a threshold.).
Regarding claim 25, Sreenivasareddy discloses the method stated above. Sreenivasareddy does not disclose determining maximum transmit power levels (MTPLs), wherein each MTPL corresponds to one of a plurality of antennas, wherein the input is further based on the MTPLs.
Zhang discloses a UE shown in figure 7. The UE comprises a plurality of antenna panels. Paragraph 0008 discloses different antenna panels may also have different maximum transmission power. Any time the UE selects a new antenna, wherein a gap between the maximum transmission power of the selected new antenna panel and a previously selected antenna panel is larger than a threshold. Paragraphs 0114 and 0119 discloses a similar antenna selection wherein the different between the maximum transmission power is greater than a threshold.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Zhang into the method of Sreenivasareddy. When a larger transmission power is required or desired, selecting a new antenna to achieve these new requirements will improve the efficiency and effectiveness of the method and the communication system.
8. Claims 22 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Sreenivasareddy et al (US 2023/0096115) in view of Mohammed Mikaeil Salih (US 2026/0075567).
Regarding claim 22, Sreenivasreddy discloses the method stated above. Though the input is based on the type of the UE, Sreenivasreddy does not disclose the input includes at least one of an identifier of the type of UE or a model of the UE.
Mohammed Mikaeil Salih discloses the method and apparatus for AI based user equipment positioning estimation as stated in the abstract. Mohammed Mikaeil Salih discloses AI model configuration as stated in paragraph 0034. The selection of a suitable AI model among the different AI models can be based on a set of existing parameters. Alternatively, the selection can be also on a set of parameters or explicit or implicit indications delivered via signaling messages from the node responsible for final location estimation. The set of parameters or the indications for AI model selection may comprise one of the following parameters: a limitation of processing capability of the entity where AI positioning model is deployed e.g., a UE type information. Mohammed Mikaeil Salih discloses sending the UE type information via signaling messages from the node to allow for the selection of the AI model to determine positioning.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the AI model including the UE receiving indications of the type of the UE as taught by Mohammed Mikaeil Salih into the method of Sreenivasreddy. By knowing any processing capability limitations of the UE as well as utilizing the positioning AI model and the type of UE indication, the location of the UE can be ascertained correctly, allowing improved communication to be conducted. In addition, any processing capability limitations of the UE can then be compensated for or avoided.
Regarding claim 26, Sreenivasreddy discloses the method stated above. Sreenivasreddy does not disclose wherein the input is provided to an artificial intelligence (AI) model and includes the reference signal measurements and an indication of the type of UE, and wherein the output is generated by the AI model.
Mohammed Mikaeil Salih discloses the method and apparatus for AI based user equipment positioning estimation as stated in the abstract. Mohammed Mikaeil Salih discloses AI model configuration as stated in paragraph 0034. The selection of a suitable AI model among the different AI models can be based on a set of existing parameters. Alternatively, the selection can be also on a set of parameters or explicit or implicit indications delivered via signaling messages from the node responsible for final location estimation. The set of parameters or the indications for AI model selection may comprise one of the following parameters: a limitation of processing capability of the entity where AI positioning model is deployed e.g., a UE type information. Mohammed Mikaeil Salih discloses sending the UE type information via signaling messages from the node to allow for the selection of the AI model to determine positioning.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the AI model including the UE receiving indications of the type of the UE as taught by Mohammed Mikaeil Salih into the method of Sreenivasreddy. By utilizing the positioning AI model and the type of UE indication, the location of the UE can be ascertained correctly, allowing improved communication to be conducted.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M. BURD whose telephone number is (571)272-3008. The examiner can normally be reached 9:30 - 5:00.
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, Chieh Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M BURD/Primary Examiner, Art Unit 2632 6/9/2026
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